Rodriguez v. Astrue

Filing 22

ORDER on 21 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. Signed by Judge Patricia V. Trumbull on 4/29/10. (pvtlc1) (Filed on 4/29/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT, SBN OH 84088 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Daniel.Talbert@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BELIA RODRIGUEZ, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL ACTION NO. 09-04557-PVT ORDER ON 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 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g), sentence four. On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take the following actions: The ALJ will grant Plaintiff a new hearing, and Plaintiff may submit new evidence. The ALJ will conduct a de novo review of the evidence, including Plaintiff's subjective complaint testimony and the medical evidence. Furthermore, the ALJ will obtain the testimony of a medical expert to review the medical evidence relating to the period prior to March 30, 2006, and provide guidance regarding the nature and severity of Plaintiff's impairments and Plaintiff's date of onset. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Respectfully submitted, Dated: April 28, 2010 /s/ Harvey P. Sackett (as authorized via e-mail) HARVEY P. SACKETT Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney Dated: April 28, 2010 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant ORDER APPROVED AND SO ORDERED: 4/29/10 DATED:________________________ _________________________________ PATRICIA V. TRUMBULL UNITED STATE MAGISTRATE JUDGE -2-

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