Raab v. Astrue

Filing 26

ORDER Granting 24 STIPULATION to remand. Signed by Judge Claudia Wilken on 10/31/2012. (ndr, COURT STAFF) (Filed on 10/31/2012)

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1 2 3 4 5 6 7 8 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA CALVERT, ISBN 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration SUNDEEP R. PATEL, CSBN 242284 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8981 Facsimile: (415) 744-0134 E-Mail: Sundeep.Patel@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DANIEL RAAB, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security ) ) ) Defendant. ) ____________________________________) Case No. 12-02110-CW STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT IT IS STIPULATED by and between plaintiff Andrew P. Zutis (“Plaintiff”) and defendant Michael J. Astrue, Commissioner of Social Security (“Defendant”), through their undersigned counsel of record, that the above-entitled action shall be remanded to the Commissioner of Social Security for further administrative proceedings. Upon remand, the Office of Disability Adjudication and Review will remand the case to an Administrative Law Judge (ALJ), who will offer Plaintiff an opportunity for a hearing, reconsider the medical source opinions offered by Dr. Pont and provide specific and legitimate reasons if rejecting any of the opinions in accordance with Social Security Ruling 96-2p; obtain if necessary, medical expert 27 28 Stipulation for Remand Under Sentence Four 1 1 testimony to assist in determining the onset date of disability. This stipulation constitutes a remand 2 under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g). 3 4 DATED: October 31, 2012 5 By: /s/ Sundeep Patel for Brian Hogan* BRIAN HOGAN Attorney for Plaintiff [*authorized by email on October 31, 2012] 6 7 8 9 10 Dated: October 31, 2012 11 12 13 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration By: s/ Sundeep R. Patel SUNDEEP R. PATEL Special Assistant United States Attorney Attorneys for Defendant 14 15 16 17 APPROVED AND SO ORDERED. 18 19 20 10/31/2012 Dated ____________ By: __________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 Stipulation for Remand Under Sentence Four 2

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