Bronner v. Astrue

Filing 29

STIPULATION AND ORDER Granting Remand re 28 Stipulation. All pending motions are denied as MOOT. *** Motions terminated: 19 MOTION to Remand. Signed by Judge James Ware on 5/12/2010. (ecg, COURT STAFF) (Filed on 5/12/2010)

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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 ARMAND D. ROTH Special Assistant United States Attorney California Bar No. 214624 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Fax: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CEDRIC J. BRONNER, ) ) Plaintiff, ) CIVIL NO. 09-cv-02070-JW ) v. ) STIPULATION AND ORDER OF REMAND ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ______________________________) 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, for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and judgment entered for Plaintiff. Upon remand, the Appeals Council will instruct the Administrative Law Judge to do the following: (1) provide a specific evaluation of the severity and effects of the plaintiff's impairments, including substance abuse, in accord with 20 C.F.R. §§ 404.1520a, 416.920a, or include

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sufficient rationale with references to evidence of record to support a conclusion of disability. (2) update the record, and if warranted, obtain supplemental evidence from a consultative examiner or a testifying medical expert. (3) further evaluate and clearly define the plaintiff's residual functional capacity, and if warranted, obtain supplemental evidence from a vocational expert. (4) If the plaintiff is found to be disabled considering the effects of substance abuse, conduct the further proceedings required to determine whether substance abuse is a contributing factor material to the determination of disability.

Respectfully submitted, /s/ Ilsa Branch * ILSA BRANCH Plaintiff's Attorney * by Armand Roth by email authorization of 5/4/2010 JOSEPH P. RUSSONIELLO United States Attorney Dated: May 10, 2010 By: /s/ Armand Roth ARMAND D. ROTH Special Assistant United States Attorney

OF COUNSEL: LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Clerk is ordered to ENTER JUDGMENT IN FAVOR of Plaintiff and against Defendant. All pending motions are denied as MOOT.

May 12, 2010 DATED ______________

HONORABLE HOWARD R. LLOYD JAMES WARE UNITED STATES DISTRICT JUDGE MAGISTRATE JUDGE

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