Devigili v. Colvin

Filing 25

ORDER remanding case to remand pursuant to 42:405(g) and entry of judgment.. Signed by Judge Susan Illston on 1/20/16. (tfS, COURT STAFF) (Filed on 1/20/2016)

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BRIAN J. STRETCH
Acting United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-mail: [e-mail]

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ATTORNEYS FOR DEFENDANT
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSEPH DEVIGILI,

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Plaintiff,

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vs.

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CAROLYN W. COLVIN, Acting Commissioner
Of Social Security,
Defendant.

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CIVIL NO. No.: 3:15-cv-02237-SI
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND ENTRY OF JUDGMENT

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court, that Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or
the Commissioner) has agreed to voluntarily remand this case for further administrative proceedings,
pursuant to sentence four of 42 U.S.C. section 405(g). On remand, the Appeals Council will remand the
case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council will
instruct the ALJ to reevaluate the medical evidence, including, but not limited to, all medical-source
opinion evidence concerning physical and mental impairments, and explain the weight given to the
opinion evidence consistent with 20 C.F.R. section 404.1527 and Social Security Rulings

STIPULATION & PROPOSED ORDER

CASE NO. 3:15-cv-02237-SI

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96-2p and 96-5p. The parties further request that the Clerk of the Court be directed to enter a final
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judgment in favor of Plaintiff, and against Defendant, reversing the Commissioner’s final decision
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Date: January 19, 2016

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By: /s/ Robert C. Weems*
ROBERT C. WEEMS
(*Authorized by e-mail on January 19, 2016)
Attorneys for Plaintiff

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WEEMS LAW OFFICES

Date: January 19, 2016

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BRIAN J. STRETCH
United States Attorney
By: /s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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DATE:

1/20/16

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HON. SUSAN ILLSTON
Senior United States District Judge

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STIPULATION & PROPOSED ORDER

CASE NO. 3:15-cv-02237-SI