Herborn v. Astrue

Filing 20

STIPULATION AND ORDER REMANDING CASE., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 8/11/11. (lrc, COURT STAFF) (Filed on 8/11/2011)

1
2
3
4
5
6
7
8

MELINDA L. HAAG
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
KATHRYN R. WATSON
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

OAKLAND DIVISION

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

PATRICIA HERBORN,

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

CIVIL NO. 4:11-CV-00013-SBA
JOINT MOTION AND ORDER FOR
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of
this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
Upon remand, Upon remand, the claimant should be given the opportunity to participate in
another hearing. If, for any reason, the Administrative Law Judge (ALJ) conducting the hearing cannot
issue or sign the decision, the hearing office must comply with HALLEX I-2-8-40, which sets forth the
applicable procedures for such a situation.
The ALJ must also evaluate and explain, pursuant to Social Security Rulings (SSR) 96-5p and
96-6p and 20 C.F.R. § 404.1527, what weight he gives to the August 20, 2009 opinion from Heidemarie
Ernst, M.D., and he must re-evaluate the claimant’s credibility pursuant to SSR 96-7p and 20 C.F.R.

1

§ 404.1529. The ALJ will update the medical record. Plaintiff will be offered an opportunity for a new

2

hearing.
It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this

3
4

Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of

5

the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625

6

(1993).
Respectfully submitted,

7
8
9

Dated: August 8, 2011

/s/ Pamela R. Vincent
(As authorized via email)
PAMELA R. VINCENT
Attorney for Plaintiff

Dated: August 8, 2011

MELINDA L. HAAG
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration

10
11
12
13
14
15

/s/ Kathryn R. Watson
KATHRYN R. WATSON
Special Assistant United States Attorney
Social Security Administration

16
17
18

ORDER

19
20
21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is reversed and remanded to the
Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings.

23
24
25
26

Dated: __8/11/11

__________________________________
SAUNDRA B. ARMSTRONG
United States District Judge

27
28
2

11-cv-0013-SBA