Yordy v. Astrue

Filing 30

ORDER Approving 29 Stipulation and Remanding Case to Social Security Administration for Further Proceedings. Signed by Judge Vadas on November 12, 2010. (cmw, COURT STAFF) (Filed on 11/12/2010)

Yordy v. Astrue

Doc. 30

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MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration JACQUELINE A. FORSLUND, CSBN 154575 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MIKEL JAMES YORDY, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) ) Defendant. ) _________________________________)

CIVIL NO. 09-cv-03028-NJV STIPULATION AND ORDER OF REMAND

IT IS HEREBY STIPULATED by the undersigned for the respective parties, subject to the approval of the Court, that this action be remanded to the Defendant, Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The purpose of the remand is to offer Plaintiff a new hearing and decision. Upon remand, the Office of Disability Adjudication and Review will remand this case to an Administrative Law Judge (ALJ) and direct him or her to 1) further consider the medical source opinions of record and explain the weight given to such opinion evidence; and

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2) further evaluate Plaintiff's subjective complaints and provide rationale pertaining to such evaluation. Dated: November 9, 2010 /s/Kenneth J. Collins (authorized by email on November 9, 2010) KENNETH J. COLLINS Attorney for Plaintiff

MEDLINA L. HAAG United States Attorney Dated: November 5, 2010 By: /s/ Jacqueline A. Forslund JACQUELINE A. FORSLUND Special Assistant United States Attorney

PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is reversed and remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.

Dated: _No____be_________ __ vem __ r 12, 2010

_____________________________ NANDOR J. VADAS United States Magistrate Judge