Mosqueda v. Commissioner of Social Security

Filing 24

STIPULATION AND ORDER TO REMAND re 23 STIPULATION WITH PROPOSED ORDER to Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g), and for Entry of Judgment in Favor of Plaintiff filed by Marlo L. Mosqueda, Commissioner of Social Security, ORDER REMANDING CASE., JUDGMENT. Signed by Magistrate Judge Kandis A. Westmore on 9/27/16. (sisS, COURT STAFF) (Filed on 9/27/2016)

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BRIAN J. STRETCH, CSBN 163973
United States Attorney
DEBORAH LEE. STACHEL, CSBN 230138
Regional Chief Counsel
DANIEL P. TALBERT, SNB OH 0084088
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
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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MARLO L. MOSQUEDA,
Plaintiff,

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No. 4:15-cv-06082-KAW

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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STIPULATION AND PROPOSED ORDER TO
REMAND FOR FURTHER PROCEEDINGS
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g), AND FOR ENTRY OF
JUDGMENT IN FAVOR OF PLAINTIFF

Defendant.

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The parties stipulate by counsel to remand this case to the Commissioner for further

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administrative proceedings. Upon remand, the administrative law judge (ALJ) will obtain the

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assistance of a medical expert in evaluating Plaintiff’s physical impairments; evaluate the medical

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source opinions; give further consideration to Plaintiff’s residual functional capacity and provide

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appropriate rationale with specific references to evidence of record in support of the assessed

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limitations; obtain supplemental vocational expert evidence; offer Plaintiff the opportunity for a

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hearing, take any further action needed to complete the administrative record, and issue a new

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decision.

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//

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Respectfully submitted September 23, 2016.

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DATED: September 23, 2016

/s/ Cyrus Safa
CYRUS SAFA
(as authorized by email)
Attorney for Plaintiff

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BRIAN J. STRETCH
United States Attorney

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DATED: September 23, 2016

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By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to stipulation, it is so ordered.
DATE: 9/27/16

_______________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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