Ayala v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER GRANTING REMAND and JUDGMENT signed by Magistrate Judge Jennifer L. Thurston on 4/7/2010. (Leon-Guerrero, A)

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: [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-01910-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

OLIVIA AYALA, ) 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 assign this case to a new administrative law judge

22 (ALJ), and will instruct the ALJ to take 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 address consultative examiner Dr. Casner's opinion and explain the 25 weight that the ALJ gives to Dr. Casner's opinion. The ALJ will explain the weight that the ALJ 26 gives to State agency physician Dr. Bianchi's opinion; will clarify Plaintiff's mental impairment; 27 will reconsider Plaintiff's residual functional capacity; and will address the lay witness statements 28 of Monica Fernandez. 1

1 2

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

3 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 4 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff's 5 right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. § 2412, or 6 costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, 7 8 9 10 11 Date: April 6, 2010 12 13 14 15 16 ORDER 17 18 The Court GRANTS the stipulation to remand and the action is REMANDED to the By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Dated: March 31, 2010 s/ Laura Krank (As authorized by email) LAURA KRANK Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney

19 Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). In so ordering, the COURT 20 21 22 23 the review by the Administrative Law Judge upon remand. The Clerk is ordered to ENTER JUDGMENT IN FAVOR of Plaintiff and against makes no comment upon the substantive areas outlined by the parties as the stipulated scope of

24 Defendant. 25 26 Dated: April 7, 2010 27 9j7khi 28 2 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE IT IS SO ORDERED.