Stansberry v. Astrue

Filing 16

STIPULATION AND ORDER REMANDING CASE pursuant to sentence four of 42 USC 405(g) AND TO ENTRY OF JUDGMENT; Signed by Judge Marilyn Hall Patel on 3/23/2010. (awb, COURT STAFF) (Filed on 3/24/2010)

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JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX TIMOTHY R. BOLIN, SBN CA 259511 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-744-0134 Email: [e-mail] Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:09-cv-04731-MHP STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER

MELISSA STANSBERRY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). 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 update the record regarding

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Plaintiff's impairments in accordance with Social Security regulations and rulings. The ALJ shall consider the medical and opinion evidence of Obiamiwe Umeh, M.D., and reassess Plaintiff's residual functional capacity and whether Plaintiff can return to her past relevant work. The ALJ shall consider the medical and opinion evidence of Michael Joyce, M.D., and how Plaintiff's mental impairments may affect her ability to work. The ALJ shall develop the record regarding Plaintiff's mental and physical impairments as necessary. The ALJ shall obtain from medical expert(s) clarification of the nature and severity of Plaintiff's impairments as necessary. The ALJ shall obtain supplemental vocational expert evidence as necessary. Dated: March 16, 2010 By: /s/ Kenneth J. Collins KENNETH J. COLLINS Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS 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: 3/23/2010

Dated: March 22, 2010

S DISTRICT TE ___________________________________ C TA HONORABLE MARILYN HALL PATEL

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