Dobbs v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 11/3/09 re 21 ORDERING 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. CASE CLOSED. (Duong, D)

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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 U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION STEVE DOBBS,
P l a i n t i f f, v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t . ) ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-cv-3129 CMK

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

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

21 take the following action: 22 23 24 25 26 27 28 The ALJ will further evaluate the evidence, including claimant's subjective complaints and credibility, specifically evaluate the statements provided by third party witness Carmen Pacheco (Tr. 104-110) in accordance with provisions of SSR 96-7p and SSR 06-3p; reconsider the claimant's maximum RFC; reconsider whether the claimant could return to his past relevant work and/or a significant number of other jobs given his RFC; and obtain evidence from a vocational expert to clarify the effect of the assessed limitations on claimant's occupational base.

The parties further request that the Clerk of the Court be directed to enter a final 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 -2DATED: November 3, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE IT IS SO ORDERED: /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Dated: October 28, 2009 Dated: October 28, 2009 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Respectfully submitted,