Fonseca v. Commissioner of Social Security
Filing
14
STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment signed by Magistrate Judge Dennis L. Beck on 06/15/2011. CASE CLOSED. (Flores, E)
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BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
KATHRYN R. WATSON
Special Assistant United States Attorney
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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8928
Facsimile: (415) 744-0134
E-Mail: Kathryn.Watson@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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OLGA FONSECA,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)
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STIPULATION AND ORDER TO
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)
AND TO ENTRY OF JUDGMENT
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this
case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
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Case No. 1:10-CV-01996-DLB
Upon remand, an Administrative Law Judge (ALJ) will reassess claimant’s credibility, as well as
the weight afforded to treating source opinions, and take any additional action warranted by the
evidence. Further, the ALJ will update the medical record. The claimant will be offered an opportunity
for a hearing.
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Defendant will lodge a proposed Judgment of Remand concurrent with the filing of this
stipulation.
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Respectfully submitted,
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Dated: June 8, 2011
/s/ Young Cho
(As authorized via email)
YOUNG CHO
Attorney for Plaintiff
Dated: June 8, 2011
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
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/s/ Kathryn R. Watson
KATHRYN R. WATSON
Special Assistant United States Attorney
Social Security Administration
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ORDER
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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 of Remand”), IT IS ORDERED that the above-captioned action
is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of
the Stipulation of Remand.
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IT IS SO ORDERED.
Dated:
June 15, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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10-cv-1996-DLB
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