Davis v. Colvin
Filing
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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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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
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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CRISTA DAVIS on behalf of
BJB III, a minor,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant
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Case No.: 3:15-03758 MEJ
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE
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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
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childhood disability benefits.
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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
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will conduct the appropriate three-step sequential evaluation and enlist a qualified
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physician or medical expert to review all of the record.
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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
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Commissioner. Defendant is lodging a proposed order approving this stipulation
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and a proposed judgment.
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Respectfully submitted,
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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
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JEAN M. TURK
Special Assistant United States Attorney
Attorney for Defendant
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ORDER
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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to
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Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation”),
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and for cause shown, IT IS ORDERED that the above-captioned action be
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remanded to the Commissioner of Social Security for further proceedings
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consistent with the terms of the Stipulation.
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DATED: December 15, 2015
HON. MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE
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