Nguyen v. The Commissioner of SSA

Filing 36

ORDER REMANDING MATTER TO COMMISSIONER FOR FURTHER PROCEEDINGS. Signed by Judge Jeremy Fogel on 4/2/2014. (blflc1, COURT STAFF) (Filed on 4/2/2014)

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**E-Filed 4/2/2014**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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DUNG T. NGUYEN,

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Plaintiff,

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Case No. 5:09-CV-02916-JF

v.

ORDER REMANDING MATTER TO
COMMISSIONER FOR FURTHER
PROCEEDINGS

COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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On September 27, 2010, this Court granted Defendant’s motion for summary judgment,

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denied Plaintiff’s motion for summary judgment, and entered judgment for Defendant. See Order

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Granting Def.’s Mot. for Summ. J., ECF No. 21; Judgment, ECF No. 22. On October 17, 2012, the

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Court of Appeals vacated the judgment and remanded to this Court with directions to remand to the

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administrative law judge (“ALJ”) for consideration of new evidence that was not presented to this

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Court or to the ALJ in the prior proceedings. Nguyen v. Commr. of Social Sec. Admin., 489 Fed.

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Appx. 209, 210 (9th Cir. Dec. 28, 2012). The mandate was filed on February 20, 2013. Mandate,

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ECF No. 34.

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Case No. 5:09-cv-02916-JF
ORDER REMANDING MATTER TO COMMISSIONER FOR FURTHER PROCEEDINGS

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Consistent with the appellate court’s decision, the matter is HEREBY REMANDED and the

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ALJ is directed to allow the parties to present new evidence on remand. Specifically, the parties

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may present new evidence of disability that was submitted in connection with Plaintiff’s second

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administrative proceeding before the Social Security Administration. The ALJ shall reconsider

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whether Plaintiff actually was disabled during the period of time relevant to his first proceeding

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before the Social Security Administration in light of the new evidence of disability. See Nguyen,

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489 Fed. Appx. at 210 (indicating what the ALJ should consider on remand).

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IT IS SO ORDERED.

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DATED: April 2, 2014
_________________________
JEREMY FOGEL
United States District Judge

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For the Northern District of California

United States District Court

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Case No. 5:09-cv-02916-JF
ORDER REMANDING MATTER TO COMMISSIONER FOR FURTHER PROCEEDINGS