Abraham Chapa, III v. Commissioner of Social Security

Filing 25

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 Gary S. Austin on 12/09/2011. CASE CLOSED. (Flores, E)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS, SBN 189450

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333 Market Street, Suite 1500
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ABRAHAM CHAPA, III

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Plaintiff,

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vs.
MICHAEL J. ASTRUE,
Commissioner of Social
Security,

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Defendant.

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Case No. 10-CV-01956-GSA
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

The parties hereby stipulate by counsel, with the Court’s

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approval as indicated by issuance of the attached Order, that the

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above-referenced case be remanded to the Commissioner of Social

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Security for further administrative proceedings, pursuant to

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sentence four of 42 U.S.C. section 405(g).

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On remand, the Appeals Council will instruct the
Administrative Law Judge to take the following action:
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Re-evaluate the opinions of the State agency physicians
and explain the weight given to those opinions;

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Stip & Order Re Remand

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2)

Further evaluate the opinion of the treating physician

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and if he rejects that opinion provide specific and

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legitimate reasons for doing so;

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3)

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Further evaluate the Plaintiff’s residual functional
capacity and provide appropriate rationale;

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4)

Obtain supplemental evidence from a vocational expert

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to clarify whether Plaintiff can make a vocational

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adjustment to other jobs that exist in significant

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numbers in the national economy; and

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5)

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Otherwise develop the record as needed.

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Stip & Order Re Remand

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The parties further request that the Clerk of the Court be

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directed to enter a final judgment in favor of Plaintiff; and

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against Defendant, Commissioner of Social Security, reversing the

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final decision of the Commissioner.

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Respectfully submitted,
Dated: December 9, 2011

/s/ Harvey P. Sackett
(As authorized via E-MAIL)
HARVEY P. SACKETT
Attorney for Plaintiff

Dated: December 9, 2011

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel,
Region IX

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By:
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/s/Theophous H. Reagans
Theophous H. Reagans
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.

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Dated: December 9, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stip & Order Re Remand

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