Patterson v. Astrue

Filing 23

STIPULATION AND ORDER FOR REMAND Pursuant to Sentence Four of 42 U.S.C. Section 405(g) re 22 . Signed by Magistrate Judge Elizabeth D. Laporte on 10/26/2011. (kns, COURT STAFF) (Filed on 10/26/2011)

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MELINDA L. HAAG, SBN CA 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX,
Social Security Administration
LEO R. MONTENEGRO SBN NY 2616118
Special Assistant United States Attorney
333 Market St, Ste 1500
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JEFFREY PATTERSON,

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

CIVIL NO. 11-00925 EDL
STIPULATION AND PROPOSED ORDER FOR
REMAND PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)

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It is hereby stipulated, by and between the parties, through their respective counsel of

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record, that this action be remanded to the Commissioner of Social Security for further

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administrative action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g),

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sentence four.

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Upon remand, an Administrative Law Judge will be directed to offer Plaintiff the

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opportunity for another hearing. Plaintiff is to be properly informed of his rights and options in

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connection with the hearing, in accordance with the regulations and HALLEX. The evidence

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should be updated, and a new decision should be issued.

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STIPULATION FOR REMAND
C 11-00925-EDL

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff and against Defendant, Michael J. Astrue, Commissioner of Social

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Security, reversing the final decision of the Commissioner.

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Respectfully submitted,

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DATE: 10/19/11

/s/ Tom F. Weathered
(As authorized via e-mail)
TOM F. WEATHERED
Attorney for Plaintiff

DATE: 10/25/11

MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX

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/s/ Leo R. Montenegro
LEO R. MONTENEGRO
Special Assistant U.S. Attorney

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Attorneys for Defendant

By:

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PROPOSED ORDER
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Approved and so ordered.

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October 26, 2011
DATED: _________________________

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___________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR REMAND
C 11-00925-EDL

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