Schmidt v. Astrue

Filing 12

ORDER Granting 11 Stipulation FOR REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g). Signed by Judge Claudia Wilken on 7/20/2011. (ndr, COURT STAFF) (Filed on 7/20/2011)

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MELINDA L. HAAG, CSBN 132612
United States Attorney
LUCILLE GONZALES MEIS, SBN CO 15153
Regional Chief Counsel, Region IX,
Social Security Administration
PETER THOMPSON, SBN HI 5890
Special Assistant United States Attorney

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JAHMAI D. SCHMIDT,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)

CIVIL NO. 4:11-cv-01881 CW
STIPULATION AND ORDER FOR
REMAND PURSUANT TO SENTENCE SIX
OF 42 U.S.C. § 405(g)

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the

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approval of the Court as provided below, that the Parties have agreed to voluntary remand of this case for

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further administrative proceedings pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g),

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sentence six.

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Remand is required because Plaintiff’s representative submitted evidence to the Appeals Council

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which was not associated with the record before the Council issued its denial notice of February 18, 2011.

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Upon remand the Appeals Council will consider the medical evidence submitted by Plaintiff’s

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representative, determine whether the additional evidence warrants remand to an Administrative Law Judge,

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and issue a new notice.
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Dated: July 19, 2011

/s/
(As authorized via e-mail on July 19, 2011)
Marc V. Kalagian
Attorney for Plaintiff

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MELINDA L. HAAG
United States Attorney

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Dated: July 19, 2011

By:

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/s/ Peter Thompson
PETER THOMPSON
Special Assistant United States Attorney
ORDER

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APPROVED AND SO ORDERED.
DATED: 7/20/2011

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THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE