Lee et al v. Commissioner of Social Security

Filing 23

STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. Section 405(g). Signed by Magistrate Judge Laurel Beeler on 6/30/2015. (lsS, COURT STAFF) (Filed on 6/30/2015)

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1 2 3 4 5 6 7 8 9 MELINDA HAAG United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration JEFFREY CHEN, CSBN 260516 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8939 Facsimile: (415) 744-0134 Email: Jeffrey.Chen@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 KEVIN JOHN LEE, 15 Plaintiff, 16 v. 17 18 19 20 21 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 3:14-cv-04752-LB STIPULATION FOR VOLUNTARY REMAND PURUSANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) : ORDER IT IS HEREBY STIPULATED by and between the parties, through their undersigned 22 attorneys, and with the approval of the Court, that the Commissioner of Social Security has 23 agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The 24 purpose of the remand is to offer Plaintiff a new hearing and decision. 25 Upon remand to the defendant, the Office of Disability Adjudication and Review will 26 remand this case to an Administrative Law Judge (ALJ) and direct him or her to reconsider the 27 opinion evidence, including that of treating physician Dr. Ghada Sayed Abdelwahed. In 28 addition, the ALJ shall further develop the update the record evidence, reevaluate Plaintiff’s 1 1 residual functional capacity, further develop the vocational evidence, as necessary, and issue a 2 new administrative decision. 3 Respectfully submitted, 4 5 Date: June 29, 2015 6 ROCKWELL, KELLY DUARTE, LLP By: 7 8 9 Date: June 29, 2015 MELINDA HAAG United States Attorney 10 By: 11 12 13 /s/ Sharon Elizabeth Kelly* SHARON ELIZABETH KELLY * By e-mail authorization on June 29, 2015 Attorney for Plaintiff /s/ Jeffrey Chen JEFFREY CHEN Special Assistant United States Attorney Attorneys for Defendant 14 15 16 ORDER 17 18 19 APPROVED AND SO ORDERED: 20 DATED: June 30, 2015 HONORABLE LAUREL BEELER UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 Stip. for Voluntary Remand 2

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