Medina-Herrera v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Dennis L. Beck on 9/29/2010 REMANDING CASE to Commissioner of Social Security and Request for Entry of Judgment in favor of Plaintiff and against Defendant. CASE CLOSED.(Lundstrom, T)

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(SS) Medina-Herrera v. Commissioner of Social Security Doc. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 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: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:09-CV-01769-DLB 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 FERNANDO MEDINA-HERRERA, ) Plaintiff, ) v. ) 14 MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) 15 Defendant. ) 16 ______________________________) 17 18 19 20 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 a finding of disability and payment of benefits. The Appeals Council has agreed to issue a fully favorable decision finding Plaintiff disabled beginning January 14, 2006, the alleged onset of 21 disability. 22 23 24 25 26 27 28 1 1 2 3 4 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. Nothing in this order shall be taken to affect Plaintiff's right to 5 request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. 2412, or costs 6 under 28 U.S.C. 1920, or to prevent Defendant from opposing any such requests. 7 8 9 10 Dated: September 29, 2010 11 12 13 Date: September 29, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: 9b0hie IT IS SO ORDERED. Respectfully submitted, s/ Sengthiene Bosavanh (As authorized by email) SENGTHIENE BOSAVANH Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant September 29, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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