Bishop v. Commissioner of Social Security

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 09/11/09 GRANTING 27 Stipulation. IT IS ORDERED that this action be REMANEDED to the Commissioner of Social Security for further administrative action. The Clerk is directed to enter final judgment in favor of plaintiff, and against defendant, reversing the final decision of the Commissioner. CASE CLOSED. (Streeter, J)

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LA W R E N C E G. BROWN U n i te d 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

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U N IT E D STATES DISTRICT COURT

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E A S T E R N DISTRICT OF CALIFORNIA

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v.

SACRAMENTO DIVISION ANGELA BISHOP,
P l a i n t i f f, ) ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-CV-01582-DAD

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

M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t .

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: Update the medical record with evidence from the treating sources to clarify the severity of the claimant's physical and mental impairments, including medical source statements; evaluate all of the medical source opinions of record, including those of Dr. Budham and the State agency physicians; obtain, if warranted, a consultative psychiatric examination with psychological testing and medical source statements; evaluate the severity of any mental impairment pursuant

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to 20 CFR § 416.920a; re-evaluate Plaintiff's credibility and residual functional capacity; and determine whether Plaintiff can return to her past relevant work and/or a significant number of other jobs in the national economy, obtaining vocational expert testimony if necessary. 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,

Dated: September 4, 2009 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED: DATED: September 11, 2009. Dated: September 9, 2009

/s/ Frederick J. Daley Jr. (As authorized via email) FREDERICK J. DALEY JR. Attorney for Plaintiff LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney

Ddad1/orders.socsec/bishop1582.stipord.remand

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