Jacinto v. Colvin
Filing
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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)
Case 4:15-cv-03516-DMR Document 20 Filed 04/25/16 Page 1 of 2
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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
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND
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ALBERTO JACINTO,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.
_______________________________
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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
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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,
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Case 4:15-cv-03516-DMR Document 20 Filed 04/25/16 Page 2 of 2
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Plaintiff’s residual functional capacity, Plaintiff’s ability to return to his past relevant work, or perform
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other work in the national economy, and if warranted, obtain supplemental vocational evidence. The
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parties further request that the Clerk of the Court be directed to enter a final judgment in favor of
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Plaintiff, and against Defendant, reversing the final decision of the Commissioner and remanding for
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further proceedings.
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DATE: April 19, 2016
BRIAN J. STRETCH
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
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By:
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/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant U.S. Attorney
Attorneys for Defendant
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DATE: April 21, 2016
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LAW OFFICE OF GERI N. KAHN
By:
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/s/ Geri Nadine Kahn*
GERI NADINE KAHN
* as authorized by email on April 21, 2016
Attorneys for Plaintiff
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ORDER
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Judge D
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RDERE
R NIA
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April 25, 2016
Dated: _______________________
OO
IT IS S
_________________________________
HON. DONNA M. RYU
UNITED STATES MAGISTRATE Ryu
a M. JUDGE
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UNIT
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NO
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FO
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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
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