Carter v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER OF VOLUNTARY REMAND AND DISMISSAL OF CASE signed by Magistrate Judge Gregory G. Hollows on 9/14/2011 ORDERING that this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk shall enter judgment. CASE CLOSED. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
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STELLA CARTER,

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

CIVIL NO. 2:10-cv-01949 GGH (TEMP)
STIPULATION AND PROPOSED ORDER
OF VOLUNTARY REMAND AND
DISMISSAL OF CASE, WITH DIRECTIONS
TO CLERK TO ENTER JUDGMENT

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the

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approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this

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case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.

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Upon remand, the Administrative Law Judge (ALJ) must ensure that Plaintiff’s two application files

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are properly consolidated and include all of the relevant evidence. In assessing Plaintiff’s residual functional

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capacity, the ALJ must also directly address the opinions of Plaintiff’s treating physicians including Dr.

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Wiggins. The ALJ must explain the weight given to the medical source opinions in accordance with 20

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C.F.R. § 404.1527 as well as Social Security Ruling 96-2p. The ALJ will give Plaintiff the opportunity to

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participate in another hearing.

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It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this
Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of

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the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993).

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Respectfully submitted,

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/s/Bess M. Brewer
BESS M. BREWER
(as authorized via email)
Attorney at Law

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Dated: August 25, 2011

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Attorney for Plaintiff

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Dated: August 25, 2011

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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DATED: September 14, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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