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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1 2 3 4 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 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8977 Facsimile: (415) 744-0134 E-Mail: 6 7 8 Attorneys for Defendant 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 MILTON R. LOVETT, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) 21 22 23 24 25 26 27 28 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 1 of the sequential evaluation process, the ALJ must ensure that there is a significant range of semi-skilled 2 or skilled work that Plaintiff can perform. 3 The parties further request that the Clerk of the Court be directed to enter a final judgment in 4 favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision 5 of the Commissioner. 6 Respectfully submitted, 7 8 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 9 10 11 12 13 14 16 /s/ Lynn M. Harada LYNN M. HARADA Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 S . Ryu ______________________________________ onna M THE HONORABLE ge D Jud DONNA M. RYU United States Magistrate Judge ER H 24 FO RT 23 DATED:_December 19, 2011______ NO 22 25 26 27 28 Stip. & Prop. Order for Remand.; 4:11-CV-00614-DMR R NIA PURSUANT TO STIPULATION, IT IS SO ORDERED. DERED O OR IT IS S 2 A 21 ORDER UNIT ED 20 RT U O 19 S DISTRICT TE C TA LI By: 15 N F D IS T IC T O R C

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