Dupree v. Commissioner of Social Security
Filing
25
STIPULATION and ORDER REMANDING case to the Commissioner of Social Security signed by Magistrate Judge Kendall J. Newman on 5/13/10. (Kaminski, H)
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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 SACRAMENTO DIVISION
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PATRICK DUPREE, ) ) CIVIL NO. 2:09-CV-01487 KJN 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 ALJ will give Plaintiff the opportunity for a new hearing and will obtain vocational expert testimony using hypothetical questions that accurately reflect the ALJ's residual functional capacity assessment. The ALJ will also be directed to establish a record by properly selecting and numbering exhibits and preparing a list of exhibits. The ALJ will be directed to admit into the record any evidence that is determined to be material to the issues in the case per HALLEX provisions I-2-1-15 and I-2-6-58. /// ///
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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 the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993). Respectfully submitted, Dated: May 12, 2010 /s/Peter Brixie (As authorized via telephone) PETER BRIXIE 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 12, 2010
ORDER APPROVED AND SO ORDERED.
DATED: May 13, 2010
_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
2 - Stip & Order of Sentence Four Remand
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