Maria Mendoza v. Commissioner of Social Security

Filing 22

Stipulation And ORDER For REMAND Pursuant To Sentence Four Of 42 U.S.C. 405(g), And Request For Entry Of Judgment In Favor Of Plaintiff And Against Defendant, signed by Magistrate Judge Jennifer L. Thurston on 4/29/2010. Copy of remand order sent. CASE CLOSED. (Scrivner, E)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT 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 FRESNO DIVISION Case No. 1:09-CV-01104-JLT STIPULATION AND PROPOSED ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT

MARIA MENDOZA, ) Plaintiff, ) v. ) 14 MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) 15 Defendant. ) 16 ______________________________) 17 18 19 20 21

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will instruct the administrative law judge (ALJ) to take

22 the following action: 23 The ALJ will be directed to offer Plaintiff a new hearing and the opportunity to present

24 new evidence. The ALJ will give further consideration to the severity of Plaintiff's physical 25 impairment or impairments at step two in the sequential evaluation process. Additionally, in 26 accordance with Social Security Ruling 06-3p, the ALJ will explain the weight given to the 27 medical opinions and other source opinions of record, including, but not limited to, Drs. Carbonell 28 and Pentschev and Julie Guyette, FNP. In addressing whether Plaintiff is capable of performing 1

1 her past relevant work, the ALJ will comply with Social Security Ruling 82-62. Additionally, if 2 warranted by the expanded record, the ALJ should consider the need for medical expert and 3 vocational expert advice. 4 5 The parties stipulate that no specific aspect of the ALJ's prior decision is affirmed. The parties further request that the Clerk of the Court be directed to enter a final judgment

6 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 7 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff's 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDER Pursuant to the Stipulation of the Parties, the Court orders remand of this matter to the By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Date: April 28, 2010 BENJAMIN B. WAGNER United States Attorney Dated: April 28, 2010 right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, s/ Sengthiene Bosavanh (As authorized by email) SENGTHIENE BOSAVANH Attorney for Plaintiff

22 Commissioner of the Social Security Administration for further proceedings pursuant to sentence 23 4 of 42 U.S.C. § 405(g). The Clerk of Court is directed to enter judgment in favor of Plaintiff and 24 against Defendant Commissioner of the Social Security Administration. 25 26 IT IS SO ORDERED. 27 Dated: April 29, 2010 28 2

/s/ Jennifer L. Thurston

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UNITED STATES MAGISTRATE JUDGE