Oliver v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 09/02/10 ORDERING that this case is REMANDED to the Commissioner of Social Security for further administrative action. On remand, the Appeals Council will instruct the Administra tive Law Judge (ALJ) to: offer plf a new hearing and the opportunity to present new evidence. The ALJ will call a medical expert to help determine the onset date of disability and the date of medical improvement, if any. Taking into account the medical experts testimony and any additionally submitted evidence, the ALJ will issue a new decision. Clerk to enter final judgment. CASE CLOSED (Benson, A.)

(SS) Oliver v. Commissioner of Social Security

Doc. 22

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration JEFFREY CHEN 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 Case No. 2:09-CV-01925-GGH 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

NEANA M. OLIVER, ) Plaintiff, ) v. ) 14 MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) 15 Defendant. ) 16 ______________________________) 17 18 19 20

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.

21 § 405(g), sentence four. 22 On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take 23 the following action: 24 The ALJ will be directed to offer Plaintiff a new hearing and the opportunity to present

25 new evidence. The ALJ will call a medical expert to help determine the onset date of disability 26 and the date of medical improvement, if any, consistent with Social Security Ruling 83-20. 27 Taking into account the medical expert's testimony and any additionally submitted evidence, the 28 ALJ will issue a new decision. Stip. & Prop. Order for Remand 1

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The parties further request that the Clerk of the Court be directed to enter a final judgment

2 remanding this action to the Commissioner of Social Security for further administrative action. 3 4 5 Dated: August 26, 2010 6 7 8 Dated: August 26, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. & Prop. Order for Remand 2 oliver.remand DATED: September 2, 2010 /s/ Gregory G. Hollows _________________________________ HON. GREGORY G. HOLLOWS UNITED STATE MAGISTRATE JUDGE APPROVED AND SO ORDERED: ORDER Respectfully submitted, s/ Rick Peasley [As authorized by telephone on August 26, 2010] RICK PEASLEY Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By s/ Jeffrey Chen JEFFREY CHEN Special Assistant U. S. Attorney Attorneys for Defendant