Croft v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman re 24 on 5/3/2010 ORDERING that upon stipulation, this action is REMANDED under the fourthsentence of Section 205(g) of the Social Security Act. CASE CLOSED. (Duong, D)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS, CO SBN 15153 Regional Chief Counsel, Region IX Social Security Administration JACOB M. MIKOW, CA SBN 238045 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Commissioner of Social Security UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-CV-01656-KJN STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND ORDER

14 DEBORAH CROFT, 15 16 17 vs. 18 MICHAEL J. ASTRUE, Commissioner of 19 Social Security, 20 21 22 23 24 25 26 27 28 Defendant. Plaintiff,

IT IS STIPULATED by and between Deborah Croft ("Plaintiff") and defendant Michael J. Astrue, Commissioner of Social Security ("Defendant"), through their undersigned counsel of record, that the above-entitled action shall be remanded to the Commissioner of Social Security for further administrative proceedings.

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The parties have agreed to voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Upon remand, the Administrative Law

Judge ("ALJ") will (1) obtain medical records from John Verzosa, 5 M.D., that are applicable to the period at issue, including the 6 7 8 9 10 11 12 13 by Plaintiff to re-open her 2004 application for benefits. 14 /// 15 16 17 18 19 20 21 22 /// 23 /// 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// May 28, 2008, opinion by Dr.Verzosa; (2) evaluate these records and opinions in these records from Dr. Verzosa, specifically discussing this evidence and stating the weight given to it; and (3) further evaluate Plaintiff's residual functional capacity in light of the evidence from Dr. Verzosa. Also, the ALJ will

consider, to the extent permitted under regulation, the request

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This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Respectfully submitted,

5 Dated: April 26, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 __________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE DATED: May 3, 2010 APPROVED AND SO ORDERED. ORDER By: /s/ Jacob M. Mikow JACOB M. MIKOW Special Assistant U.S. Attorney Attorneys for Defendant Dated: April 26, 2010 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration BESS M. BREWER Bess M. Brewer and Associates /s/ Bess M. Brewer* BESS M. BREWER (*As authorized via email dated April 26, 2010) Attorney for Plaintiff

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