Rodriguez v. Barnhart

Filing 23

STIPULATION AND ORDER re 22 Stipulation of Remand. Signed by Judge Ronald M. Whyte on 9/21/2008. (rmwlc1, COURT STAFF) (Filed on 9/21/2008)

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JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX, Social Security Administration SARAH RYAN, State Bar of Texas #17479500 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

E-filed:

9/21/2008

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARIA E. DE LOPEZ RODRIGUEZ,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. C­06-05029 RMW STIPULATION AND ORDER OF REMAND

IT IS HEREBY STIPULATED by the undersigned for the respective parties, subject to the approval of the Court, that this action be remanded to the Defendant, Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The purpose of the remand is to offer Plaintiff a new hearing and decision. Upon remand, the Office of Disability Adjudication and Review (ODAR) will vacate the prior decision and remand this case to an Administrative Law Judge (ALJ) for further administrative proceedings. Upon remand, Plaintiff will be offered a new hearing, with the opportunity to present new evidence and arguments. ODAR will direct the ALJ to update the record regarding Plaintiff's impairments, identify Plaintiff's past relevant work and the mental and physical demands of that work,

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and reassess Plaintiff's residual functional capacity. Pursuant to Acquiescence Ruling 97-4(9), the ALJ will be directed to adopt "a finding from the final decision on the prior claim in determining whether the claimant is disabled with respect to the unadjudicated period unless there is new and material evidence relating to such finding . . . ."

Dated:

/s/ Dennis Stephen Knight (As authorized by facsimile) DENNIS STEPHEN KNIGHT The Nordstrom Law Firm Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel

Dated: August 20, 2008

By: /s/ Sarah Ryan SARAH RYAN Special Assistant United States Attorney Attorneys for Defendant United States Social Security Administration

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is reversed and remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk of Court is hereby ORDERED to enter a separate judgment pursuant to F. R. Civ. P. 58.

Dated:

September 21

,2008

_____________________________ The Hon. RONALD M. WHYTE United States District Judge

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