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Moon v. Colvin, 2:14-CV-00861-AC. (2016)

Court: District Court, E.D. California Number: infdco20160523705 Visitors: 15
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF ALLISON CLAIRE , Magistrate Judge . IT IS HEREBY STIPULATED by and between Plaintiff, Andy Allen Moon, 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 administr
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STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF

IT IS HEREBY STIPULATED by and between Plaintiff, Andy Allen Moon, 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 a new hearing and decision.

The Appeals Council will instruct the ALJ to reassess the credibility of Plaintiff's subjective complaints consistent with the applicable regulations, Social Security Rulings, and Ninth Circuit case law.

The Appeals Council will also instruct the ALJ to reassess Plaintiff's residual functional capacity, and determine whether Plaintiff could perform any other work existing in significant numbers in the national economy given his age, education, vocational factors, and residual functional capacity.

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.

ORDER

APPROVED AND SO ORDERED:

Source:  Leagle

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