Green v. CSS

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/2009 REMANDING CASE to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act; and that the Clerk of the Court be directed to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversingthe final decision of the Commissioner. CASE CLOSED. (Reader, L)

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LA W R E N C E G. BROWN A c tin g United States Attorney LU C ILLE GONZALES MEIS R e gio n a l Chief Counsel, Region IX, Social Security Administration S H E A LITA BOND, SBN D.C. 469103 S p e c ia l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : [phone] F a c s im i le : [phone] S h ea .B o n d @ s s a .go v A t to rn e ys for Defendant U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Counsel will instruct the Administrative Law Judge ("ALJ") to take the following action: The ALJ will reevaluate the treating, examining and reviewing physician opinion evidence, including opinions from Liana Turkot, M.D., Mandeep Behniwal, M.D., Michelina Regazzi, Ph.D., and Rosemary Tyl, M.D. The ALJ may request the treating and examining sources to provide additional evidence and/or to further clarify their opinions. The ALJ will reconsider Plaintiff's RFC and provide a function by function assessment for the entire period at
v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t .

DAMIKO GREEN,
P l a i n t i f f,

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C a s e No. 2:08-CV-00842-KJM

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

issue. The ALJ will give further consideration to the record concerning Plaintiff's past relevant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2IT IS SO ORDERED. Dated: April 3, 2009. /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Dated: April 2, 2009 Dated: April 2, 2009 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration work and clarify plaintiff's past relevant work. If warranted, the ALJ will obtain vocational expert testimony to clarify the effect of Plaintiff's assessed limitations on the occupational base. The ALJ will ask the vocational expert whether the jobs identified conflict with descriptions contained in the Dictionary of Occupational Titles. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Respectfully submitted,