Lovett v. Astrue

Filing 28

ORDER Remanding Action to the Commissioner of Social Security. Signed by Magistrate Judge Donna M. Ryu on 12/19/2011. (dmrlc1, COURT STAFF) (Filed on 12/19/2011)

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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MILTON R. LOVETT,

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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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_________________________________)

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CIVIL ACTION NO.: 4:11-CV-00614-DMR
STIPULATION AND PROPOSED 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

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of
record, that this action be remanded to the Commissioner of Social Security for further administrative
action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence
four.
On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to update the
record and offer Plaintiff the opportunity for a hearing. The ALJ shall determine whether the MedicalVocational Guidelines direct a finding of disabled, and if not, whether jobs exist in significant numbers
in the national economy that Plaintiff can perform. If the ALJ relies on transferrable skills at step five

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of the sequential evaluation process, the ALJ must ensure that there is a significant range of semi-skilled

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or skilled work that Plaintiff can perform.

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

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favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision

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of the Commissioner.

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Respectfully submitted,
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Dated: December 15, 2011

/s/ Steven G. Rosales
(As authorized via e-mail on 12/12/11 at 2:17 p.m.)
STEVEN G. ROSALES
Attorney for Plaintiff

Dated: December 15, 2011

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

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/s/ Lynn M. Harada
LYNN M. HARADA
Special Assistant U.S. Attorney

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Attorneys for Defendant

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S

. Ryu
______________________________________
onna M
THE HONORABLE ge D
Jud DONNA M. RYU
United States Magistrate Judge
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FO

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DATED:_December 19, 2011______

NO

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Stip. & Prop. Order for Remand.; 4:11-CV-00614-DMR

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

DERED

O OR
IT IS S

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ORDER

UNIT
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By:

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