Findley v. Colvin

Filing 25

ORDER APPROVING 24 STIPULATION TO VOLUNTARILY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF. Signed by Judge Beth Labson Freeman on 8/12/2015. (blflc1, COURT STAFF) (Filed on 8/12/2015)

1
2
3
4
5
6
7
8

MELINDA L. HAAG, CSBN 132612
United States Attorney
DEBORAH LEE STACHEL CSBN 230138
Acting Regional Chief Counsel, Region IX
Social Security Administration
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

MARTIN ERIC FINDLEY,

13
14
15

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

16
17

Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 5:14-CV-03581-BLF
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF

18
19
20
21
22
23
24
25
26
27
28

IT IS HEREBY STIPULATED by and between Plaintiff, Martin Eric Findley and
Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant) through
their respective counsel of record, and with the approval of the Court, that the Commissioner of
Social Security has agreed to a voluntary remand of this case for further administrative action
pursuant to 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g) sentence four.
Upon remand, the Office of Disability Adjudication and Review’s Appeal Council will
remand this case to an administrative law judge (ALJ) for further development of the record, a
new hearing, and decision.
The Appeals Council will instruct the ALJ to re-evaluate the medical evidence, including,
all medical source opinion evidence concerning Plaintiff’s mental impairments, particularly

Findley v. Colvin, 5:14-cv-03581-BLF – Stip.to Remand

1

1

Farhan Matin, M.D.’s post hearing opinion and explain the weight given to all opinion evidence

2

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

3

5p. If necessary, the ALJ may utilize the assistance of a medical expert to aid in this evaluation.

4
5
6
7
8
9

Based upon the expanded record, the Appeals Council will instruct the ALJ to reassess the
credibility of Plaintiff’s subjective complaints consistent with 20 C.F.R. §§ 404.1529, 416.929;
and SSR 96-7p.
As required by the re-evaluation of the evidence, the Appeals Council will also instruct the
ALJ to reassess Plaintiff’s residual functional capacity, and obtain supplemental vocational expert
testimony to determine whether Plaintiff could perform any other work existing in significant
numbers in the national economy given his age, education, vocational factors, and residual

10
11
12
13
14

functional capacity, as his past relevant work is precluded by the ALJ’s previous findings.
Plaintiff may present new arguments and evidence. The ALJ may perform further
development and conduct further proceedings as necessary.
The parties further request 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.

15
Respectfully submitted,

16
17

Date: August 12, 2015

/s/Lisa Douglass
Lisa Douglass, Attorney at Law, CSBN 269133
Attorney for Plaintiff
*By email authorization on August 11, 2015

Date: August 12, 2015

MELINDA L. HAAG
United States Attorney

18
19
20
21
By:

22
23

/s/Richard M. Rodriguez
Richard M. Rodriguez
Special Assistant United States Attorney
Attorneys for Defendant

24
ORDER

25
26

APPROVED AND SO ORDERED:

27
DATED:________________________
28

Findley v. Colvin, 5:14-cv-03581-BLF – Stip.to Remand

_________________________________
BETH LABSON FREEMAN
UNITED STATES DISTRICT COURT JUDGE
2