Mayhew v. Commissioner of Social Security

Filing 38

ORDER GRANTING 37 EX PARTE MOTION FOR A VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g). Signed by Judge Beth Labson Freeman on 2/20/2015. (blflc1, COURT STAFF) (Filed on 2/20/2015)

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MELINDA HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, CSBN 260516
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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JOHN MAYHEW,

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Plaintiff,

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v.

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

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No. 5:13-cv-04521-BLF
EX PARTE MOTION FOR A
VOLUNTARY REMAND PURUSANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)

Defendant hereby moves, through her undersigned attorneys, and with the approval of the
Court, to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).
Upon further examination of the record, it appears that there is an inconsistency between

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the ALJ’s overpayment calculations as compared with the agency’s payment records. Upon

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remand, the ALJ shall re-calculate Plaintiff’s overpayment, if any, for the period beginning in

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1995, re-determine Plaintiff’s total overpayment, and issue a new administrative decision.

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Motion for Sentence 4 Remand
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Respectfully submitted,

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Date: February 3, 2015

MELINDA HAAG
United States Attorney

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By:

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/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:
DATED:
HONORABLE BETH L. FREEMAN
UNITED STATES DISTRICT JUDGE

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Motion for Sentence 4 Remand
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