Oscamou v. Colvin

Filing 21

ORDER GRANTING 20 STIPULATION for Remand Pursuant to Sentence Four of 42 USC 405(g). Signed by Judge JEFFREY S. WHITE on 3/17/14. (jjoS, COURT STAFF) (Filed on 3/17/2014)

Case3:13-cv-04247-JSW Document20 Filed03/14/14 Page1 of 2

1
2
3
4
5
6
7

MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHEA LITA BOND, SBN D.C. 469103
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

8

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

9
10
11
12
13
14
15
16

Case No. 3:13-cv-4247 JSW

JEANEEN OSCAMOU,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social
)
Security,
)
Defendant,
)
______________________________)

STIPULATION AND ORDER FOR
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g), and
REQUEST FOR ENTRY OF JUDGMENT
IN FAVOR OF PLAINTIFF AND
AGAINST DEFENDANT

17
18

IT IS HEREBY STIPULATED, by and between the parties, through their respective

19

counsel of record, that this action be remanded to the Acting Commissioner of Social Security

20

for further administrative action pursuant to section 205(g) of the Social Security Act, as

21

amended, 42 U.S.C. § 405(g), sentence four.

22
23

On remand, the Appeals Council will instruct the administrative law judge (ALJ) to take
the following action:

24

Provide the claimant with the opportunity for a new hearing. The ALJ should further: 1)

25

order a new consultative mental status examination; 2) reevaluate all the medical opinion

26

1

Case3:13-cv-04247-JSW Document20 Filed03/14/14 Page2 of 2

1

evidence and, if necessary, obtain clarification of the medical opinions and if any portion

2

of the opinion evidence is discounted, the ALJ will state the reasons for the discounting

3

the opinion; 3) reevaluate the maximum residual functional capacity and provide

4

appropriate rationale with specific reference to evidence of record in support of the

5

assessed limitations; 4) reevaluate the claimant’s credibility in accordance with Social

6

Security Ruling 96-7p; and 5) if necessary, obtain supplemental vocational expert

7

testimony regarding the claimant’s ability to perform past relevant work or, alternatively,

8

work that exists in significant numbers in the national economy and ensure that the

9

vocational expert testimony does not conflict with the Dictionary of Occupational Titles

10

in accordance with Social Security Ruling 00-4p.

11

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

12

favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final

13

decision of the Commissioner.
Respectfully submitted,

14
15

Dated: March 13, 2014

/s/ David J. Linden_____
(As authorized via email on 03/13/14)
DAVID J. LINDEN
Attorney for Plaintiff

Dated: March 13, 2014

MELINDA L. HAAG
United States Attorney

16
17
18
19

/s/ Shea Lita Bond___
SHEA LITA BOND
Assistant United States Attorney

20
21
22

IT IS SO ORDERED:

23

Dated: March 17, 2014
_________________________________

24
25
26

2