Muniz Vasquez v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER of Voluntary REMAND and DISMISSAL of CASE, and Directions to Clerk to Enter Judgment, signed by Magistrate Judge Sandra M. Snyder on 6/29/2010. CASE CLOSED. (Jessen, A)

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(SS) Muniz Vasquez v. Commissioner of Social Security Doc. 17 1 2 3 4 5 6 7 8 9 10 BENJAMIN B. WAGNER 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: (415) 977-8937 Facsimile: (415) 744-0134 E-Mail: Elizabeth.Firer@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERTO MUNIZ VASQUEZ, ) ) CIVIL NO. 1:09-CV-01587 SMS 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 ALJ will give Plaintiff the opportunity for a new hearing. The ALJ will explain the weight he gives to the medical opinions, in particular, the opinions of the State agency reviewer currently located at Exhibit 5F and the consultative examination currently located at Exhibit 4F. If the ALJ does not accept all the limitations assessed, he must explain his reasoning. The ALJ will obtain vocational expert testimony using hypothetical questions that accurately reflect the ALJ's residual functional capacity assessment. If the vocational expert can only identify jobs that are light in exertion, the ALJ must find Plaintiff disabled under the Medical-Vocational Guidelines (the Grid). /// Dockets.Justia.com 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 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: June 28, 2010 /s/Steven G. Rosales (As authorized via email) STEVEN G. ROSALES Attorney for Plaintiff BENJAMIN B. WAGNER 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: June 28, 2010 ORDER IT IS SO ORDERED. Dated: icido3 June 29, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2 - Stip & Order of Sentence Four Remand

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