Ford v. The Commissioner of the Social Security Administration

Filing 24

STIPULATION AND ORDER 22 for Remand. Signed by Judge Ronald M. Whyte on 1/21/10. (jg, COURT STAFF) (Filed on 1/21/2010)

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration LEO R. MONTENEGRO, SBN NY 2616118 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant

*E-FILED - 1/21/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CIVIL ACTION NO. 09-00637-RMW

12 JAMES FORD, Plaintiff, 13 v. 14

) ) ) ) ) MICHAEL J. ASTRUE, ) 15 Commissioner of Social Security, ) 16 Defendant. ) 17 ______________________________) 18

STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT AND ORDER

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 20 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 21 § 405(g), sentence four. 22 On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take 23 the following actions: The ALJ will grant Plaintiff a new hearing, and Plaintiff may submit new evidence. The 24 ALJ will obtain the testimony of a medical expert to review the medical evidence relating to the 25 period prior to December 3, 2007, and provide guidance regarding the nature and severity of 26 Plaintiff's impairments and an earlier date of onset. 27 28 1

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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. 4 5 Dated: January 6, 2010 6 7 8 9 10 Dated: January 6, 2010 11 12 13 14 OF COUNSEL TO DEFENDANT: 15 DANIEL P. TALBERT 16 Assistant Regional Counsel, Region IX Social Security Administration 17 18 19 APPROVED AND SO ORDERED: 20 21 22 23 24 25 26 27 28 2 DATED:__1/___10 ________________ _ 21/ __ _________________________________ RONALD M. WHYTE UNITED STATE DISTRICT JUDGE ORDER Attorneys for Defendant Respectfully submitted, /s/ James Hunt Miller (as authorized via telephone) JAMES HUNT MILLER Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney By s/ Leo R. Montenegro LEO R. MONTENEGRO Special Assistant U.S. Attorney