Lebus v. Astrue

Filing 17

STIPULATION and ORDER For Sentence Four Remand signed by Magistrate Judge Gary S. Austin on 2/8/2010. Action is REMANDED to the Commissioner. CASE CLOSED.(Esteves, C)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ARMAND D. ROTH Special Assistant United States Attorney California Bar No. 214624 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 FRESNO DIVISION

ALICIA G. LEBUS,

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

CIVIL NO. 09-cv-00448-GSA STIPULATION AND ORDER FOR SENTENCE FOUR REMAND

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The parties have agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Appeals Council will instruct the Administrative Law Judge to do the following: (1) Conduct a new hearing, further develop the record and issue a new decision; (2) Address the medical opinions, giving appropriate weight to the opinions of the treating physicians where warranted; (3) Provide a residual functional capacity finding consistent with all evidence of record; (4) Reassess the claimant's credibility; and (5) Obtain new vocational expert testimony. Respectfully submitted, /s/ Harvey Peter Sackett * HARVEY PETER SACKETT Plaintiff's Attorney * by Armand Roth by email authorization of 1/5/2010 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration Dated: February 8, 2010 /s/ Armand D. Roth ARMAND D. ROTH Special Assistant U.S. Attorney Attorneys for Defendant ORDER Upon review, the stipulation to remand is GRANTED and the action is REMANDED to the Commissioner. The Clerk is ordered to ENTER JUDGMENT IN FAVOR of Plaintiff Alicia Lebus and against Defendant Michael J. Astrue. Upon remand, the Appeals Council will instruct the Administrative Law Judge to do the following: (1) Conduct a new hearing, further develop the record and issue a new decision; (2) Address the medical opinions, giving appropriate weight to the opinions of the treating physicians where warranted; (3) Provide a residual functional capacity finding consistent with all evidence of record;

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(4) Reassess the claimant's credibility; and (5) Obtain new vocational expert testimony.

IT IS SO ORDERED. Dated:

February 8, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE