Haworth v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER of Voluntary Remand and Dismissal of Case, With Directions to Clerk to Enter Judgment, signed by Chief Judge Anthony W. Ishii on 10/7/09. (CASE CLOSED)(Hellings, J)

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LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SHELLEY HAWORTH, ) ) CIVIL NO. 1:08-CV-01276 DLB Plaintiff, ) ) v. ) STIPULATION AND ORDER OF ) VOLUNTARY REMAND AND DISMISSAL MICHAEL J. ASTRUE, ) OF CASE, WITH DIRECTIONS TO CLERK Commissioner of ) TO ENTER JUDGMENT Social Security, ) ) Defendant. ) _________________________________) 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. Upon remand, the Appeals Council will issue a decision finding Plaintiff disabled pursuant to Rule 201.14 of the Medical-Vocational Guidelines as of September 10, 2004, the day she is considered to have attained age 50. 20 C.F.R. § 401.2(c)(4) (individual attains a given age the day before her birthday). The Appeals Council will then remand the case to an Administrative Law Judge (ALJ) for further consideration of the period prior to September 10, 2004, which must include an evaluation of the opinions of Saad Hijazi, M.D. /// /// ///

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It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993). Respectfully submitted, Dated: October 2, 2009 /s/ Sengthiene Bosavanh (As authorized via email) SENGTHIENE BOSAVANH attorney for Plaintiff LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant

Dated: October 2, 2009

ORDER IT IS SO ORDERED. Dated: 0m8i78 October 7, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

2 - Stip & Order of Sentence Four Remand