Jacinto v. Colvin

Northern District of California, cand-4:2015-cv-03516

JUDGMENT, ORDER re {{20}} STIPULATION to Remand filed by Carolyn W. Colvin ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 04/25/2016. (dmrlc1, COURT STAFF)

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Case 4:15-cv-03516-DMR Document 21 20 Filed 04/25/16 Page 1 of 2 1 BRIAN J. STRETCH United States Attorney 2 DEBORAH LEE STACHEL 3 Acting Regional Chief Counsel, Region IX Social Security Administration 4 JENNIFER LEE TARN CSBN 240609 Special Assistant United States Attorney 5 Social Security Administration 6 1600 Spear Street, Suite 800 San Francisco, California 94105 7 Telephone: (415) 977-8825 Facsimile: (415) 744-0134 8 E-mail: Jennifer.Tarn@ssa.gov 9 Attorneys for Defendant 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA OAKLAND 13 14 ALBERTO JACINTO,) Case No. 4:15-cv-03516-DMR 15)) STIPULATION TO VOLUNTARY 16 Plaintiff,) REMAND PURSUANT TO SENTENCE vs.) FOUR OF 42 U.S.C. § 405(g) AND TO 17) ENTRY OF JUDGMENT 18 CAROLYN W. COLVIN,) Acting Commissioner,) 19 Social Security Administration,) 20) Defendant.) 21 _______________________________ 22 IT IS STIPULATED by and between Plaintiff Alberto Jacinto ("Plaintiff"), and Defendant 23 Carolyn W. Colvin, Acting Commissioner of Social Security, through their counsel of record, that this 24 action be remanded for further administrative action pursuant to section 205(g) of the Social Security 25 Act, as amended, 42 U.S.C. section 405(g), sentence four. 26 On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for 27 a new decision. The Appeals Council will instruct the ALJ to reevaluate the opinion evidence, 28 -1- Case 4:15-cv-03516-DMR Document 21 20 Filed 04/25/16 Page 2 of 2 1 Plaintiff's residual functional capacity, Plaintiff's ability to return to his past relevant work, or perform 2 other work in the national economy, and if warranted, obtain supplemental vocational evidence. The 3 parties further request that the Clerk of the Court be directed to enter a final judgment in favor of 4 Plaintiff, and against Defendant, reversing the final decision of the Commissioner and remanding for 5 further proceedings. 6 7 DATE: April 19, 2016 BRIAN J. STRETCH United States Attorney 8 DEBORAH LEE STACHEL 9 Acting Regional Chief Counsel, Region IX Social Security Administration 10 11 By: /s/ Jennifer Lee Tarn JENNIFER LEE TARN 12 Special Assistant U.S. Attorney 13 Attorneys for Defendant 14 15 DATE: April 21, 2016 LAW OFFICE OF GERI N. KAHN 16 By: /s/ Geri Nadine Kahn* 17 GERI NADINE KAHN * as authorized by email on April 21, 2016 18 Attorneys for Plaintiff 19 20 ORDER 21 22 BASED UPON THE PARTIES' STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(G) AND TO ENTRY OF JUDGMENT ("STIPULATION FOR 23 REMAND"), AND FOR CAUSE SHOWN, IT IS ORDERED THATIS ES D THE TRIABOVE-CAPTIONED CT FOR FURTHER 24 ACTION IS REMANDED TO THE COMMISSIONER OF SOCIAL A T SECURITY C PROCEEDINGS CONSISTENT WITH THE TERMS OFTTHE STIPULATION FOR REMAND. O S U 25 ED RT D RDERE UNIT 26 OO April 25, 2016 IT IS S R NIA 27 Dated: _______________________ _________________________________ HON. DONNA M. RYU 28 UNITED STATES MAGISTRATEa M. Ryu JUDGE NO onn Judge D FO RT LI ER H A N C F -2- D IS T IC T O R