Hernandez v. CSS

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/10 Ordering that that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Upon remand , the ALJ must address all of the medical source opinion evidence of record and he must explain the weight he attributes to each source under the terms of 20 C.F.R. § 404.1529 and Social Security Ruling 06-03p. It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 9(a) of the F.R.C.P, pursuant to Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993). Copy of remand order sent. CASE CLOSED. (Becknal, R)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// ALEXIS HERNANDEZ, ) ) CIVIL NO. 2:09-CV-01552 KJN Plaintiff, ) ) v. ) STIPULATION AND PROPOSED ORDER ) OF VOLUNTARY REMAND AND MICHAEL J. ASTRUE, ) DISMISSAL OF CASE, WITH DIRECTIONS Commissioner of ) TO CLERK TO ENTER JUDGMENT Social Security, ) ) Defendant. ) _________________________________) IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Upon remand, the ALJ must address all of the medical source opinion evidence of record and he must explain the weight he attributes to each source under the terms of 20 C.F.R. § 404.1529 and Social Security Ruling 06-03p. It is further stipulated that the administrative decision is hereby vacated and that the Clerk

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of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993). Respectfully submitted, Dated: April 22, 2010 /s/Peter Brixie (As authorized via telephone and fax) PETER BRIXIE Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant

Dated: April 22, 2010

ORDER APPROVED AND SO ORDERED. DATED: April 23, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order of Sentence Four Remand