Meckley v. Commissioner of Social Security

Filing 13

STIPULATION And ORDER For Remand Pursuant To Sentence Four Of 42 U.S.C. 405(g), And Entry Of Judgment In Favor Of Plaintiff And Against Defendant, signed by Magistrate Judge Sheila K. Oberto on 5/17/2011. Copy of remand order sent to other court. REMANDING CASE to Commissioner of Social Security. CASE CLOSED.(Fahrney, E)

BENJAMIN B. WAGNER
United States Attorney
2 LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
3 Social Security Administration
GERALYN A. GULSETH, CA SBN 160872
4 Special Assistant United States Attorney
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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBI L. MECKLEY,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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____________________________)

CIVIL NO. 1:10-cv-01994-SKO
STIPULATION AND ORDER FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g), AND 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.
On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ)
to take the following action:
The ALJ will be directed to obtain supplemental vocational expert testimony to
evaluate whether the Medical Vocational Rules mandate a finding of disability beginning
on November 11, 2009. The ALJ will also be directed to further evaluate whether the
Plaintiff’s earnings of $3,979.60 in 2003 met the substantial gainful activity level, and

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whether this work in 2003 constitutes past relevant work. The Appeals Council and/or

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ALJ may take any additional action deemed warranted by the evidence to issue a new

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decision.
The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security,

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reversing the final decision of the Commissioner.
This case is to be administratively closed.

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Respectfully submitted,

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Dated: May 16, 2011

/s/ Young Chul Cho
(As authorized via e-mail)
Young Chul Cho
Attorney for Plaintiff

Dated: May 16, 2011

BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Geralyn A. Gulseth
GERALYN A. GULSETH
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.
Dated:
ie14hj

May 17, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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