Marcos v. Commissioner of Social Security

Filing 15

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 Sheila K. Oberto on 4/15/2010. CASE CLOSED.(Verduzco, M)

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BENJAMIN B. WAGNER
U n ite d States Attorney LU C ILLE GONZALES MEIS R e gio n a l Chief Counsel, Region IX, Social Security Administration S H E A LITA BOND, SBN D.C. 469103 S p e c ia l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : [phone] F a c s im ile : [phone] S h e a .B o n d @ s s a .go v A tto rn e ys for Defendant U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

FRESNO DIVISION VERONICA MARCOS,
P l a i n t i ff, v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t . ) ) ) ) ) ) ) ) ) ) ) C a s e No. 1:09-cv-1622 SKO

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

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.

21 On remand, the Appeals Counsel will instruct the Administrative Law Judge ("ALJ") to 22 23 24 25 26 27 28 take the following action: The ALJ will further evaluate the evidence. The ALJ will enter Dr. Morrison's December 21, 2008, mental capacity assessment-which was previously identified as Exhibit 23F and an adjunct to Exhibit 19F, but not included in the exhibit record-into the record and explain whether he is accepting or rejecting the assessment; reevaluate the claimant's credibility and RFC; and reevaluate whether the claimant can return to his past relevant work and/or a significant number

of other jobs given his RFC, obtaining vocational expert testimony if necessary. 1 2 3 4 5 6 7 8 Dated: April 9, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2IT IS SO ORDERED. Dated: ie14hj April 15, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney ORDER Upon review, the stipulation to remand is GRANTED, and the action is REMANDED to the Commissioner of Social Security. The Clerk is directed to enter judgment in favor of Plaintiff Veronica Marcos and against Defendant Michael J. Astrue. Dated: April 13, 2010 /s/ Robert Christenson (As authorized via email) ROBERT CHRISTENSON Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Respectfully submitted,