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Eshraghi v. Colvin, 1:15-cv-00874-EPG. (2016)

Court: District Court, E.D. California Number: infdco20160418580 Visitors: 18
Filed: Apr. 14, 2016
Latest Update: Apr. 14, 2016
Summary: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g); ORDER ERICA P. GROSJEAN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Shoa Eshraghi (Plaintiff) and Carolyn W. Colvin, Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentenc
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STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); ORDER

IT IS HEREBY STIPULATED, by and between Shoa Eshraghi (Plaintiff) and Carolyn W. Colvin, Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.

On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Counsel will instruct the ALJ to evaluate Plaintiff's past relevant work prior to the time period adjudicated, whether any work after the alleged onset date qualifies for consideration under the work incentives under the Act, and to determine what jobs exist, if any, for Plaintiff given his age, education, vocational factors and residual functional capacity.

The parties further 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.

ORDER

Based on the above stipulation, the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the stipulation. The Clerk of the Court is DIRECTED to enter final judgment in favor of Plaintiff Shoa Eshraghi and against Defendant Carolyn W. Colvin and to close this case.

IT IS SO ORDERED.

Source:  Leagle

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