Diaz-Martinez v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 4/14/2010 ORDERING that this action is REMANDED to the Commissioner of Social Security. Clerk is directed to enter a final judgment in favor of Pltf, and against Dft, Commissioner of Social Security, reversing the final decision of the Commissioner. 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: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ELIZABETH DIAZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:09-cv-2096 KJN 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 take the following action: The ALJ should reevaluate the medical opinion evidence, including the opinion of Drs. Kalman, Lopez, Chang and Thurstone, and explain whether he is accepting or rejecting the individual opinions; reevaluate the claimant's credibility and RFC; and reevaluate whether the claimant can return to his past relevant work and/or a significant number of other jobs given his RFC, obtaining vocational expert testimony if necessary.

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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: April 12, 2010

/s/ Ann Cerney (As authorized via email) ANN CERNEY Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney

Dated: April 12, 2010

IT IS SO ORDERED. Dated: April 14, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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