Smith v. Commissioner of Social Security

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/27/2010 ORDERING case REMANDED to the Commissioner of Social Security. The Clerk is directed to enter final judgment in favor of Pltf. CASE CLOSED. (Engbretson, K.)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX, Social Security Administration SHEA LITA BOND, SBN D.C. 469103 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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v.

SACRAMENTO DIVISION CHRISTINE SMITH,
Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. 2:09-cv-709 EFB

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

MICHAEL J. ASTRUE, Commissioner of Social Security, 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 not disturb the favorable portion of decision. The ALJ will be directed to fully develop the record for the period prior to February 21, 2008. Specifically, the ALJ will further evaluate the evidence, including claimant's subjective complaints and credibility as well as the third party statements of her sister; reconsider the claimant's maximum RFC; and call on the services of a medical expert to review the evidence and assist in determining whether the

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claimant's onset date of disability was earlier than February 21, 2008, in accordance with Social Security Ruling 83-20. 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: May 26, 2010

/s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff
BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration

Dated: May 26, 2010

/s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney IT IS SO ORDERED: Dated: May 27, 2010.

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