Salas v. Astrue

Filing 19

STIPULATION AND ORDER AS MODIFIED BY THE COURT FOR REMAND AND JUDGMENT re 18 Stipulation. Motions terminated: 17 MOTION for Summary Judgment. The Clerk shall close this file. Signed by Judge James Ware on 6/29/2010. (ecg, COURT STAFF) (Filed on 6/29/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 0084088 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R A C UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IGNACIO SALAS, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL ACTION NO. 09-05652-JW STIPULATION AND PROPOSED ORDER FOR REMAND PURSUANT TO SENTENCE ; JUDGMENT 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 19 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 20 U.S.C. 405(g), sentence four. 21 On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take 22 the following actions solely with respect to the period from July 29, 2005 - December 11, 2006: 23 The ALJ will grant Plaintiff a new hearing, and Plaintiff may submit new evidence. The 24 ALJ will conduct a de novo review of the evidence, including Plaintiff's subjective complaint 25 testimony and the medical evidence. Furthermore, the ALJ will obtain the testimony of a medical 26 expert to review the medical evidence relating to the period prior to December 12, 2006, and 27 provide guidance regarding the nature and severity of Plaintiff's impairments and Plaintiff's date 28 of onset. The ALJ will also consider Plaintiff's physical impairments and the effects of Plaintiff's 1 LI 6/29/2010 FO mes Wa Judge Ja re R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 obesity, and, if the ALJ finds that Plaintiff was not disabled for any part of the relevant period 2 noted above, the ALJ will make a new residual functional capacity determination. 3 The parties further request that the Clerk of the Court be directed to enter a final judgment 4 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 5 decision of the Commissioner. 6 7 Dated: June 21, 2010 8 9 10 11 12 Dated: June 23, 2010 13 14 15 16 17 18 Respectfully submitted, /s/ Harvey P. Sackett (as authorized via e-mail) HARVEY P. SACKETT Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant ORDER Pursuant to the parties'stipulation, Judgment is entered in favor of Plaintiff Ignacio Salas APPROVED AND SO ORDERED: against Defendant Michael J. Astrue. The Clerk shall terminate any remaining pending motions _________________________________ 19 DATED:________________________ JAMES WARE and close this file. 20 UNITED STATE DISTRICT JUDGE 21 Dated: June 29, 2010 22 23 24 25 26 27 28 2 ______________________________________ United States District Judge

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