Ortiz v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/10 REMANDING CASE to the Commissioner of Social Security. The Clerk of Court is directed to enter final judgment in favor of plaintiff and against defendant. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration LESLIE ALEXANDER (CSBN 256624) Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8927 Facsimile: (415) 744-0134 E-Mail: Leslie.Alexander@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION PAMELA J. ORTIZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-02641-KJN STIPULATION AND PROPOSED 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: 1. Further evaluate Plaintiff's credibility; 2. Evaluate and explain the weight assigned to the third-party statement of Terrence Watson; 3. Further evaluate and explain the weight assigned to the opinion of Paul Kaplan, M.D.; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Evaluate and explain the weight assigned to the treatment notes of Charles McCrory, M.D.; 5. Further evaluate Plaintiff's RFC; and, 6. Obtain any necessary supplemental vocational expert testimony to clarify the effects of the assessed limitations on Plaintiff's occupational base. The parties stipulate that no specific aspect of the ALJ's prior decision is affirmed. 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. Nothing in this proposed order shall be taken to affect Plaintiff's right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. 2412, or costs under 28 U.S.C. 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, Dated: August 16, 2010 s/ Bess M. Brewer (As authorized by email on August 13, 2010) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Leslie Alexander LESLIE ALEXANDER Special Assistant U. S. Attorney Attorneys for Defendant Date: August 16, 2010 ORDER The stipulation of the parties is HEREBY APPROVED. Pursuant that stipulation, the Clerk of Court is directed to enter final judgment in favor of plaintiff and against defendant. IT IS SO ORDERED. DATED: August 16, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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