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)

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: [phone]
Facsimile: [phone]
E-Mail: [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