Aitken v. Astrue

Filing 28

ORDER to remand re 27 Stipulation filed by Michael J. Astrue. Signed by Judge Nandor J. Vadas on 9/9/09. (glm, COURT STAFF) (Filed on 9/9/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration SHEA LITA BOND, SBN D.C. 469103 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CAROLINA AITKEN,

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

CIVIL NO. 3:08-cv-05716-NJV STIPULATION TO REMAND AND PROPOSED ORDER

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 Appeals Counsel will instruct the Administrative Law Judge ("ALJ") to clarify that there is no presumption of continuing non-disability from the prior January 6, 2004 hearing decision, because the Appeals Council vacated that decision. The ALJ will obtain medical expert testimony to clarify the nature and severity of Plaintiff's impairments, including fibromyalgia, re-evaluate the medical and opinion evidence, credibility and residual functional capacity for the entire period, and, if needed, obtain vocational expert testimony to determine whether Plaintiff can return to her past relevant work and/or a significant number of other jobs in the national economy.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. Respectfully submitted, Dated: September 2, 2009 /s/ Ken Collins (As authorized via email) KEN COLLINS Attorney for Plaintiff Dated: September 2, 2009 JOSEPH P. RUSSONIELLO United States Attorney /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Attorneys for Defendant

ORDER APPROVED AND SO ORDERED.

DATED: 9/9/09

HONORABLE NANDOR J. VADAS United States Magistrate Judge

2