Davis v. Colvin

Filing 18

STIPULATION AND ORDER OF REMAND. Signed by Judge Maria-Elena James on 12/15/2015. (cdnS, COURT STAFF) (Filed on 12/15/2015)

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1 2 3 4 5 6 7 BRIAN J. STRETCH SBN CA 163973 Acting Unites States Attorney DEBORAH LEE STACHEL CASBN 230138 Acting Regional Chief Counsel, Region IX Social Security Administration JEAN M. TURK, SBN 131517 Special Assistant United States Attorney 160 Spear Street Suite 800 Telephone: 415-977-8935; Fax: 415-744-0134 E-mail: jean.turk@ssa.gov Attorneys for Defendant 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 9 10 11 12 13 14 15 16 CRISTA DAVIS on behalf of BJB III, a minor, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:15-03758 MEJ STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE 18 19 20 21 22 23 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court, that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and decision regarding Plaintiff’s claim for 24 childhood disability benefits. 25 26 -1- 1 The ALJ will evaluate the medical evidence in accordance with Social 2 Security Rulings 09-1p and 09-2p for determining childhood disability. The ALJ 3 will conduct the appropriate three-step sequential evaluation and enlist a qualified 4 physician or medical expert to review all of the record. 5 6 7 As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act. 42 U.S.C. § 405(g). The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 8 Commissioner. Defendant is lodging a proposed order approving this stipulation 9 and a proposed judgment. 10 Respectfully submitted, 11 12 13 14 15 16 17 18 19 20 Dated: December 15, 2015 LAW OFFICES OF KATHERINE SIEGFRIED By: /s/ Katherine Siegfried* KATHERINE SIGFRIED * As authorized by email on Dec. 14, 2015 Attorney for Plaintiff Attorney for Plaintiff BRIAN J. STRETCH SBN CA 163973 Acting Unites States Attorney By: /s/ Jean M. Turk _________________________ JEAN M. TURK Special Assistant United States Attorney Attorney for Defendant 21 22 23 24 25 26 -2- 1 2 ORDER 3 4 Based upon the parties’ Stipulation to Voluntary Remand Pursuant to 5 Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation”), 6 and for cause shown, IT IS ORDERED that the above-captioned action be 7 remanded to the Commissioner of Social Security for further proceedings 8 consistent with the terms of the Stipulation. 9 10 11 DATED: December 15, 2015 HON. MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3-

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