Bradshaw v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Dale A. Drozd on 10/5/10, ORDERING the Clerk to enter a final judgment in favor of pltf and against dft. (Kastilahn, A)

(SS) Bradshaw v. Commissioner of Social Security

Doc. 24

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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: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

THRESSA BRADSHAW,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:10-CV-0788-FCD-DAD 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 obtain additional evidence from a vocational expert (VE) to address the apparent inconsistency between the occupational requirement descriptions in the Dictionary of Occupational Titles (DOT) and the jobs cited in the October 20, 2009, hearing decision. /////

Dockets.Justia.com

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The ALJ will offer Plaintiff the opportunity for a new hearing, and Plaintiff is free to submit new evidence. The parties stipulate that no specific aspect of the ALJ's prior decision is affirmed, and following the end of the remand proceedings, the ALJ will issue a new decision. 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: October 1, 2010 s/ Sengthiene Bosavanh (As authorized by email) SENGTHIENE BOSAVANH Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Leslie Alexander LESLIE ALEXANDER Special Assistant U. S. Attorney Attorneys for Defendant

Date: October 1, 2010

ORDER The parties' stipulation for remand is approved, and the Clerk of the Court is directed to enter a final judgment in favor of Plaintiff and against Defendant, Commissioner of Social Security. IT IS SO ORDERED. DATED: October 5, 2010.

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