Smith v. Astrue

Filing 11

STIPULATION AND ORDER REMANDING CASE., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 1/17/12. (lrc, COURT STAFF) (Filed on 1/17/2012)

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1 8 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA L. CALVERT, SBN IL 6191786 Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT, SBN OH 0084088 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: 9 Attorneys for Defendant 2 3 4 5 6 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 SHERYL SMITH, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL ACTION NO. 4:11-CV-01295-SBA STIPULATION AND PROPOSED ORDER TO REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF IT IS HEREBY STIPULATED, by and between the parties, through their respective 19 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 20 U.S.C. § 405(g), sentence four. 21 Plaintiff will be given an opportunity for another hearing and an opportunity to submit 22 additional evidence. Upon remand, the Appeals Council will direct the administrative law judge 23 (ALJ) to address treating source Dr. Strelkoff’s opinions, and if the ALJ rejects Dr. Strelkoff’s 24 opinions, the ALJ will explain such rejection. The Appeals Council will direct the ALJ to 25 consider all the evidence in the record when determining whether Plaintiff became disabled prior 26 to her date last insured. If the ALJ who presides over the new hearing is unable to sign the 27 decision, then the Hearing Office Chief ALJ shall sign for the ALJ pursuant to the policies set 28 forth in the Hearings, Appeals and Litigation Law Manual, Section I-2-8-40 (HALLEX I-2-8-40). Stip. & Prop. Order for Remand 1 1 The parties further request that the Clerk of the Court be directed to enter a final judgment 2 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 3 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff’s 4 right to request Equal Access to Justice Act (EAJA) attorney’s fees under 28 U.S.C. § 2412, or 5 costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, 6 7 Dated: January 9, 2012 8 9 10 /s/ Dolly M. Trompeter (as authorized via e-mail) DOLLY M. TROMPETER Attorney for Plaintiff MELINDA L. HAAG United States Attorney 11 12 Dated: January 9, 2012 13 14 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant 15 16 ORDER 17 18 PURSUANT TO STIPULATION, IT IS SO ORDERED: 19 DATED:_1/17/12 20 _________________________________ SAUNDRA BROWN ARMSTRONG UNITED STATE DISTRICT JUDGE 21 22 23 24 25 26 27 28 Stip. & Prop. Order to Remand, 4:11-cv-01295-SBA 2

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