Urbano v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/11 ORDERING 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 ame nded, 42 U.S.C. § 405(g), sentence four. 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 Plaint iff, 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) attorneys fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. CASE CLOSED. (Mena-Sanchez, L)
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BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8926
Facsimile: (415) 744-0134
E-Mail: Daniel.Talbert@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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CARLOS URBANO,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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______________________________)
Case No. 2:10-cv-02007-EFB
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
18 counsel of record, that this action be remanded to the Commissioner of Social Security for further
19 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42
20 U.S.C. § 405(g), sentence four.
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Plaintiff will be given an opportunity for another hearing and an opportunity to submit
22 additional evidence. Upon remand, the Appeals Council will direct the administrative law judge
23 to further consider whether Plaintiff’s IQ scores in the record, including any IQ scores from any
subsequent consultative examination or other examination(s), meets or equals Listing 12.05C; and
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if the ALJ finds that Plaintiff does not meet or equal Listing 12.05C or any other listing, evaluate
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all of the evidence of record and make a residual functional capacity (RFC) finding, explaining
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the basis for the RFC and citing the evidence supporting it.
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Stip. & Order for Remand
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The parties stipulate that no specific aspect of the ALJ’s prior decision is affirmed.
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The parties further request that the Clerk of the Court be directed to enter a final judgment
3 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final
4 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff’s
5 right to request Equal Access to Justice Act (EAJA) attorney’s fees under 28 U.S.C. § 2412, or
6 costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests.
Respectfully submitted,
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Dated: June 21, 2011
s/ Bess Brewer
(As authorized by email)
BESS BREWER
Attorney for Plaintiff
Date: June 21, 2011
BENJAMIN B. WAGNER
United States Attorney
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By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
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Attorneys for Defendant
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ORDER
APPROVED AND SO ORDERED.
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DATED: June 21, 2011.
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Stip. & Order for Remand
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