Howard v. Commissioner of Social Security

Filing 21

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 9/8/2014 REMANDING CASE to the Commissioner of Social Security for further administrative action pursuant to Sentence Four of 42:405(g); the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff and against Defendant. 20 CASE CLOSED (Reader, L)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

SACRAMENTO DIVISION

13
14
15
16
17

HARRY HOWARD,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

18
Defendant.
19

Case No.: 2:13-cv-02237-AC

)
)
)
)
)
)
)
)
)
)
)
)

STIPULATION AND ORDER
FOR REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g),
AND ENTRY
OF JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT

20
21

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

22
23
24
25

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 Council will instruct the Administrative Law Judge (ALJ) to
take the following action:

26

The ALJ will be directed to evaluate the mental abilities assessment completed by James

27

G. Frank, Ph.D. (Exhibit 16F) and explain the weight given to this assessment; further assess the

28

severity of the claimant’s mental impairments under the special technique described in 20 C.F.R.

Stipulation and Proposed Order; 2:13-cv-02237-AC

1

1
2

§ 416.920a; further assess the claimant’s residual functional capacity; and obtain supplemental
evidence from a vocational expert if necessary to determine whether the claimant can perform
any work.

3
4
5

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.

6
7

Respectfully submitted,

8
9

Date: September 4, 2014
s/ Bess M. Brewer by C.Chen*
(As authorized by e-mail on 9/3/2014)
BESS M. BREWER
Attorneys for Plaintiff

10
11
12
13

Date: September 4, 2014

14

BENJAMIN B. WAGNER
United States Attorney

16

By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U. S. Attorney

17

Attorneys for Defendant

15

18
19
20

ORDER

21
APPROVED AND SO ORDERED:
22
23

DATED: September 8, 2014

24
25
26
27
28

Stipulation and Proposed Order; 2:13-cv-02237-AC

2