Redstone v. Commissioner of Social Security

Filing 8

STIPULATION And ORDER For Remand Pursuant To Sentence Four Of 42 U.S.C. 405(g), And Granting Entry Of Judgment In Favor Of Plaintiff And Against Defendant, signed by Magistrate Judge Sheila K. Oberto on 8/4/2010. REMANDING CASE to Commissioner of Social Security. Copy of remand order sent to other court. CASE CLOSED. (Scrivner, E)

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(SS) Redstone v. Commissioner of Social Security Doc. 8 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: Daniel.Talbert@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:10-CV-01102-SKO STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND GRANTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT DOUGLAS A. REDSTONE, ) 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 shall consider the medical opinion of Benedicto Estoesa, M.D., which was 24 discussed in Plaintiff's representative's brief dated July 1, 2008. The ALJ shall consider this 25 report and give reasons for rejecting or accepting that report. 26 27 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 28 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 1 Dockets.Justia.com 1 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff's 2 right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. § 2412, or 3 costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. 4 5 Dated: August 2, 2010 6 7 8 Date: August 2, 2010 9 10 11 12 13 14 15 ORDER Upon the parties' stipulation, it is ORDERED that this action be REMANDED to the Respectfully submitted, s/ Shanny Lee (As authorized by email) SHANNY LEE 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 16 Commissioner of Social Security for further administrative action pursuant to the fourth sentence of 17 42 U.S.C. § 405(g). On remand, the Appeals Council will instruct the ALJ to consider the medical 18 opinion of Benedicto Estoesa, M.D. The ALJ shall consider this report and give reasons for rejecting 19 20 21 22 23 24 25 26 Dated: 27 ie14hj 28 2 August 4, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE IT IS SO ORDERED. or accepting that report. The Clerk of the Court is DIRECTED to enter a final judgment in favor of Plaintiff and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. This order neither affects Plaintiff's right to request EAJA attorneys' fees under 28 U.S.C. § 2412 or costs under 28 U.S.C. § 1920, nor prevents Defendant from opposing any such requests.

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