Clark v. Commissioner of Social Security

Filing 23

STIPULATION to Voluntary REMAND pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment; REMANDING CASE to Commissioner of Social Security; Copy of remand order sent, signed by District Judge Lawrence J. O'Neill on 9/2/2009.CASE CLOSED (Martin, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ANN L. MALEY Special Assistant United States Attorney California Bar No. 176877 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant, Commissioner of Social Security UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANIEL KEITH CLARK, JR.,

) ) ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) ) Defendant. ) _________________________________)

No. CV-08-CV-01300 LJO DLB
STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT Court: Hon. Dennis L. Beck U.S. Magistrate Judge

IT IS STIPULATED by and between plaintiff Daniel Keith Clark, Jr., ("Plaintiff") and defendant Michael J. Astrue, Commissioner of Social Security ("Defendant"), through their undersigned counsel of record, that the above-entitled action shall be remanded to the Commissioner of Social Security for further administrative proceedings. Upon remand, the Administrative Law Judge (ALJ) will be directed to find that Plaintiff suffered from a severe mental impairment. The ALJ will proceed with the sequential evaluation process. If warranted, the ALJ will determine whether drug use is a contributing factor material to a finding of disability pursuant to 20 C.F.R. § 416.935 (2008); and, if necessary, obtain supplemental

1 2 3 4 5 6

evidence from a vocational expert at step 5 of the sequential evaluation. The ALJ will also address the mental limitations assessed by the state agency physician. This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

DATED: 9/1/09

ROBERT ISHIKAWA By: /s/ Robert Ishikawa* *By email authorization on 8/28/09

7 8 9 10 11 12 13 14 Attorneys for Defendant 15 16 ORDER 17 18 APPROVED AND SO ORDERED. 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 2 Dated: 66h44d September 2, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE By: /s/ Ann L. Maley ANN L. MALEY Special Assistant United States Attorney DATED: 9/1/09 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration