Wyant v. Astrue

Filing 24

AMENDED STIPULATION AND ORDER RE 23 TO VOLUNTARY REMAND AND TO ENTRY OF JUDGMENT. by Judge Richard Seeborg Stipulation filed by Michael J. Astrue, ***Civil Case Terminated. Signed by Judge Richard Seeborg on 7/12/10. (cl, COURT STAFF) (Filed on 7/12/2010)

Wyant v. Astrue

Doc. 24

*E-Filed 7/12/10* 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 RICHARD A. WYANT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:09-cv-01723-RS AMENDED STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER

JOSEPH P. RUSSONIELLO, SBN CA 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Social Security Administration Regional Chief Counsel, Region IX TIMOTHY R. BOLIN, SBN CA 259511 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105-2102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security

THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the approval of the Court, that Defendant agrees to a voluntary remand of this case per sentence four of 42 U.S.C. § 405(g). Upon remand, the Appeals Council will instruct the Administrative Law Judge to do the following: 1. Conduct a new hearing, further develop the record and issue a new decision; 2. Address the medical opinions, giving appropriate weight to the opinions of the treating physicians where warranted;

Wyant v. Astrue, Case No. 3:09-cv-01723-R: Amended Stipulation; [Proposed] Order
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3. Provide a residual functional capacity finding consistent with all evidence of record; 4. Reassess the claimant's credibility; and 5. Obtain new vocational expert testimony. Specifically, the Administrative Law Judge (ALJ) shall obtain supplemental vocational expert testimony. Such testimony should provide reasonable explanations for any conflicts between the testimony and the United States Department of Labor's Dictionary of Occupational Titles. It should also cite jobs (if any) that an individual of Plaintiff's age, education, work experience, and residual functional capacity could perform.

Dated: July 9, 2010

By:

SACKETT AND ASSOCIATES /s/ Harvey P. Sackett* HARVEY P. SACKETT *By email authorization Attorneys for Plaintiff

Dated: July 9, 2010

JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Social Security Administration Regional Chief Counsel, Region IX By: /s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney Attorneys for Defendant

THE COURT APPROVES THE FOREGOING STIPULATION AND SO ORDERS. Dated: 7/12/10 __________________________________ HONORABLE RICHARD SEEBORG United States Magistrate Judge

Wyant v. Astrue, Case No. 3:09-cv-01723-R: Amended Stipulation; [Proposed] Order