Mullen v. Colvin

Filing 18

STIPULATION AND ORDER TO REMAND AND ENTRY OF JUDGMENT re 17 STIPULATION WITH PROPOSED ORDER to Voluntary Remand filed by Kevin Mullen, Carolyn W. Colvin, ***Civil Case Terminated., ORDER REMANDING CASE.. Signed by Magistrate Judge Kandis A. Westmore on 10/6/16. (sisS, COURT STAFF) (Filed on 10/6/2016)

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BRIAN STRETCH, CSBN 163973
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
TIMOTHY R. BOLIN, CSBN 259511
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
160 Spear St Ste 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN MULLEN,
Plaintiff,

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

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Defendant.

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Case No: 4:16-cv-00848-KAW
JOINT STIPULATION TO
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g),
[PROPOSED] ORDER OF REMAND,
AND ENTRY OF JUDGMENT

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The parties hereby stipulate, through their respective counsel of record, that this action be

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remanded for further administrative action pursuant to section 205(g) of the Social Security Act,

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as amended, 42 U.S.C. section 405(g), sentence four.

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On remand, the Appeals Council will remand the case to an administrative law judge

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(ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to reevaluate

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the medical evidence, including, but not limited to, all medical-source opinion evidence

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concerning mental impairments, and explain the weight given to the opinion evidence consistent

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with 20 C.F.R. §§ 404.1527 and 416.927, and Social Security Rulings (SSR) 96-2p and 96-5p.

Joint Stip. & Prop. Order for Remand; 4:16-cv-00848-KAW

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The parties 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 Commissioner.

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Respectfully submitted,

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Dated: October 4, 2016

/s/ Michael Wolchansky*
(* As authorized via email on September 22, 2016)
MICHAEL WOLCHANSKY

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Attorney for Plaintiff

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Dated: October 4, 2016

BRIAN STRETCH
United States Attorney

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By:

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/s/ Timothy R. Bolin
TIMOTHY R. BOLIN
Special Assistant United States Attorney

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Attorneys for Defendant

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Of Counsel to Defendant:
BEATRICE NA
Assistant Regional Counsel

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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10/6/16
Dated: _____________

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THE HONORABLE KANDIS A. WESTMORE
United States Magistrate Judge

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Joint Stip. & Prop. Order for Remand; 4:16-cv-00848-KAW

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