Alverez v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER for Remand signed by Magistrate Judge Dale A. Drozd on 9/10/2012. This action is REMANDED to Commissioner of Social Security for further administrative action pursuant to 42 USC 405 (g), Sentence Four. Parties further request Clerk be directed to enter Final Judgment in favor of plaintiff Diana Gonzalez Alverez. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, IL SBN 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
DAVID W. LERCH, CA SBN 229411
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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DIANA GONZALEZ ALVEREZ ,

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

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CIVIL NO. 2:11-cv-03400-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 Administrative Law Judge (ALJ) will: (1) reassess the Plaintiff’s residual
functional capacity; (2) obtain vocational expert testimony in order to evaluate the Plaintiff’s ability to
perform her past relevant work or assess the availability of other work the Plaintiff could perform based
on the assessed RFC; and (3) consider any new evidence submitted.
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.

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Respectfully submitted,

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Dated: September 5, 2012

/s/Bess Brewer
(As authorized via e-mail)
BESS BREWER
Attorney for Plaintiff

Dated: September 8, 2012

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

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/s/ David Lerch
DAVID LERCH
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER
APPROVED AND SO ORDERED.
DATED: September 10, 2012.

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Ddad1\orders.soc sec\alverez3400.stip.remand

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