(TEMP)(SS) Leete v. Commissioner of Social Security, No. 2:2010cv02516 - Document 23 (E.D. Cal. 2011)
Court Description: STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/20/11 ORDERING that this Action is REMANDED to the Commissioner of Social Security for further administrative action pursuant to secion 205(g) of the Social Secuirty Act, as amen ded, 42 U.S.C. § 405(g), sentence four. The purposeof this remand is to offer Plaintiff a new hearing, develop the record, and issue a new decision. The parties further request that the Clerk be directeed to enter final judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commisioner. CASE CLOSED. (Mena-Sanchez, L)
Download PDF
<![CDATA[
(TEMP)(SS) Leete v. Commissioner of Social Security 1 2 3 Doc. 23 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration JACQUELINE A. FORSLUND Special Assistant United States Attorney 4 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8932 Facsimile: (415) 744-0134 5 6 7 Attorneys for Defendant 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 CHARLES LEETE, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE , ) Commissioner of ) Social Security, ) ) Defendant. ) ______________________________) 2:10-cv-02516 EFB (TEMP) STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), and REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT 17 IT IS HEREBY STIPULATED, by and between the parties, through their respective 18 19 counsel of record, that this action be remanded to the Commissioner of Social Security for further 20 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 21 § 405(g), sentence four. The purpose of this remand is to offer Plaintiff a new hearing, develop the 22 record, and issue a new decision. 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// Dockets.Justia.com On remand, the Office of Disability Adjudication and Review will instruct the 1 Administrative Law Judge (ALJ) to update the record and offer Plaintiff a new hearing. The ALJ 2 will further develop the record by obtaining vocational expert (VE) testimony as to whether 3 Plaintiff can perform his past relevant work at step four of the sequential evaluation procedure and, 4 if the ALJ proceeds to step five, obtain VE testimony as to whether Plaintiff can perform other 5 work that exists in significant numbers in the national economy. 6 The parties further request that the Clerk of the Court be directed to enter a final judgment 7 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 8 decision of the Commissioner. 9 Respectfully submitted, 10 11 Dated: June 16, 2011 /s/ Joseph C. Fraulob JOSEPH C. FRAULOB (As authorized via email on 06/16/2011) Attorney for Plaintiff Dated: June 16, 2011 BENJAMIN B. WAGNER United States Attorney 12 13 14 15 16 17 /s/ Jacqueline A. Forslund JACQUELINE A. FORSLUND Special Assistant U.S. Attorney Attorney for Defendant 18 19 20 IT IS SO ORDERED: 21 22 23 24 25 26 27 28 Dated: June 20, 2011.
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
