Mustafa v. Astrue

Filing 20

STIPULATION AND ORDER re 19 Remand. Signed by Judge Patricia V. Trumbull on 10/28/08. (pvtlc1) (Filed on 10/30/2008)

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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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARY ANN MUSTAFA,

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

CIVIL NO. CV-08-2638 PVT 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 reevaluate the period predating December 7, 2004, to determine whether an earlier onset date of disability is warranted, with medical expert input pursuant

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to Social Security Ruling 83-20.

Dated: October 23, 2008.

/s/ Harvey P. Sackett (As authorized by facsimile) HARVEY P. SACKETT Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel

Dated: October 15, 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:

10/28

,2008 The Hon. PATRICIA V. TRUMBULL United States Magistrate Judge

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