Jacinto v. Colvin

Filing 21

JUDGMENT, ORDER re 20 STIPULATION to Remand filed by Carolyn W. Colvin ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 04/25/2016. (dmrlc1, COURT STAFF) (Filed on 4/25/2016)

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Case 4:15-cv-03516-DMR Document 20 Filed 04/25/16 Page 1 of 2 1 2 3 4 5 6 7 8 BRIAN J. STRETCH United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration JENNIFER LEE TARN CSBN 240609 Special Assistant United States Attorney Social Security Administration 1600 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8825 Facsimile: (415) 744-0134 E-mail: Jennifer.Tarn@ssa.gov 9 Attorneys for Defendant 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND 12 13 14 ALBERTO JACINTO, 15 Plaintiff, 16 17 18 19 20 21 vs. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. _______________________________ ) ) ) ) ) ) ) ) ) ) ) Case No. 4:15-cv-03516-DMR STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT 22 23 24 25 26 27 28 IT IS STIPULATED by and between Plaintiff Alberto Jacinto (“Plaintiff”), and Defendant Carolyn W. Colvin, Acting Commissioner of Social Security, through their counsel of record, 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 decision. The Appeals Council will instruct the ALJ to reevaluate the opinion evidence, -1- Case 4:15-cv-03516-DMR Document 20 Filed 04/25/16 Page 2 of 2 1 Plaintiff’s residual functional capacity, Plaintiff’s ability to return to his past relevant work, or perform 2 other work in the national economy, and if warranted, obtain supplemental vocational evidence. The 3 parties further request that the Clerk of the Court be directed to enter a final judgment in favor of 4 Plaintiff, and against Defendant, reversing the final decision of the Commissioner and remanding for 5 further proceedings. 6 7 DATE: April 19, 2016 BRIAN J. STRETCH United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration 8 9 10 11 By: 12 13 /s/ Jennifer Lee Tarn JENNIFER LEE TARN Special Assistant U.S. Attorney Attorneys for Defendant 14 15 DATE: April 21, 2016 16 LAW OFFICE OF GERI N. KAHN By: 17 18 /s/ Geri Nadine Kahn* GERI NADINE KAHN * as authorized by email on April 21, 2016 Attorneys for Plaintiff 19 20 ORDER 21 Judge D D RDERE R NIA 28 April 25, 2016 Dated: _______________________ OO IT IS S _________________________________ HON. DONNA M. RYU UNITED STATES MAGISTRATE Ryu a M. JUDGE onn RT H ER -2- A 27 UNIT ED 26 NO 25 RT U O S 24 FO 23 BASED UPON THE PARTIES’ STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(G) AND TO ENTRY OF JUDGMENT (“STIPULATION FOR REMAND”), AND FOR CAUSE SHOWN, IT IS ORDERED THATISTR ABOVE-CAPTIONED THE ICT ES D SECURITY FOR FURTHER ACTION IS REMANDED TO THE COMMISSIONER OF SOCIAL T C PROCEEDINGS CONSISTENT WITH THE TERMS OFTA STIPULATION FOR REMAND. THE LI 22 N F D IS T IC T O R C

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