Peterson v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER to Voluntary Remand signed by Magistrate Judge Dennis L. Beck on 06/28/2011. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration FRANCESCO P. BENAVIDES, CSBN 258924 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: 415-977-8978 Facsimile: 415-744-0134 Email: francesco.benavides@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 JOANALEE J. PETERSON, ) ) Plaintiff, ) ) v. ) ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) ___________________________________ ) Civil No. 1:10-cv-01566 DLB STIPULATION TO VOLUNTARY REMAND AND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER 20 21 THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the 22 approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence 23 four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision. 24 Upon remand, the Office of Disability Adjudication and Review will remand this case to an 25 Administrative Law Judge (ALJ) and direct him or her to further evaluate the medical source opinion of 26 examining psychiatrist, Harald Krueger, M.D., explaining the weight given to that opinion. Specifically, 27 the ALJ will address Dr. Krueger’s assessment that Plaintiff had difficulties relating to coworkers, 28 supervisors and the public. 1 1 2 Respectfully submitted, 3 4 Date: June 27, 2011 6 /s/ Francesco Benavides for Marc Kalagian* (* by email authorization on June 27, 2011) MARC V. KALAGIAN Attorney at Law 7 Attorney for Plaintiff 5 8 9 Date: BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration June 27, 2011 10 11 12 BY: 13 14 /s/ Francesco P. Benavides_ FRANCESCO P. BENAVIDES Special Assistant United States Attorney Attorneys for Defendant 15 16 17 18 19 ORDER 20 21 22 IT IS SO ORDERED. Dated: 23 24 25 /s/ Dennis June 28, 2011 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 3b142a 26 27 28 2

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