Davis v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER for REMAND for Further Proceedings Pursuant to Sentence Four of 42 U.S.C.§ 405(g), and for Entry of Judgment in Favor of Plaintiff and Against Defendant, signed by Magistrate Judge Barbara A. McAuliffe on 9/11/12: This action is REMANDED to the Commissioner of Social Security for further administrative action in a manner consistent with the Stipulation. (CASE CLOSED)(Hellings, J)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting 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]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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LUCIA DAVIS,
Plaintiff,
v.

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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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______________________________)

Case No. 1:12-cv-00788-BAM
STIPULATION AND PROPOSED ORDER FOR
REMAND FOR FURTHER PROCEEDINGS
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g), AND FOR ENTRY OF
JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

20 counsel of record, that this action be remanded to the Commissioner of Social Security for further
21 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C.
22 § 405(g), sentence four.
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Remand is required because the administrative law judge (ALJ) relied on a medical

24 source opinion that is incomplete and has pages missing. On remand, the administrative law
25 judge (ALJ) will fully develop the record and offer the claimant an opportunity for a new hearing.
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The ALJ will attempt to contact the medical sources for clarification of their opinions; will further
evaluate the claimant’s impairments and subjective complaints; will determine the claimant’s
residual functional capacity, with consideration of the opinions and evidence of record; and issue
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1 a new decision.
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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. The parties agree that no aspect of the Commissioner’s final
5 decision is affirmed and that the ALJ will render a de novo decision on remand. Nothing in this
6 proposed order shall be taken to affect Plaintiff's right to request Equal Access to Justice Act
7 (EAJA) attorney's fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent
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Defendant from opposing any such requests.
Respectfully submitted September 11, 2012.

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Respectfully submitted,

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/s/ Brian Shapiro
(As authorized via email)
BRIAN SHAPIRO
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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17 Date: September 11, 2012
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By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue

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ORDER

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Based on the Stipulation of the parties (Doc. 11), this action is hereby remanded to the

23 Commissioner of Social Security for further administrative action in a manner consistent with the
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above Stipulation.

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IT IS SO ORDERED.
Dated:
10c20k

September 11, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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