Dorrell v. Commissioner of Social Security
Filing
28
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/25/10 ORDERING the voluntary remand and dismissal of case with directions to the clerk to enter judgment pursuant to Rules 58 and 79(a) of the FRCP. CASE CLOSED. (Carlos, K)
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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8937 Facsimile: (415) 744-0134 E-Mail: Elizabeth.Firer@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LORNA DORRELL, ) ) CIVIL NO. 2:09-CV-00112-EFB Plaintiff, ) ) v. ) STIPULATION AND PROPOSED ORDER ) OF VOLUNTARY REMAND AND MICHAEL J. ASTRUE, ) DISMISSAL OF CASE, WITH DIRECTIONS Commissioner of ) TO CLERK TO ENTER JUDGMENT Social Security, ) ) Defendant. ) _________________________________) IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Upon remand, the Administrative Law Judge (ALJ) must give Plaintiff the opportunity to participate in another hearing. The ALJ will reconsider the medical opinions including those of reviewing and examining physicians Drs. Jordan, Lang and Xeller. The ALJ must obtain vocational expert testimony, and the ALJ will otherwise develop the record as needed. It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of //// //// ////
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the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993). Respectfully submitted, Dated: May 24, 2010 /s/ Bess Brewer (As authorized via email) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant
Dated: May 24, 2010
ORDER APPROVED AND SO ORDERED. DATED: May 25, 2010.
2 - Stip & Order of Sentence Four Remand
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