Parla v. Astrue
Filing
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ORDER Granting 18 STIPULATION WITH PROPOSED ORDER for Remand Pursuant to Sentence Four of 42 USC 405(g). Signed by Judge Claudia Wilken on 8/2/2012. (ndr, COURT STAFF) (Filed on 8/15/2012)
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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
DAVID LERCH, CSBN 229411
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8936
Facsimile: (415) 744-0134
E-Mail: David.Lerch@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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NICOLE PARLA,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security
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Defendant.
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______________________________)
CASE NO. 4:12-cv-00373-CW
STIPULATION AND PROPOSED ORDER
FOR REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g), AND REQUEST
FOR ENTRY OF JUDGMENT FOR
PLAINTIFF AND AGAINST DEFENDANT
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IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of
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record, that this action be remanded to the Commissioner of Social Security for further administrative action
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pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four.
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On remand, the Administrative Law Judge (ALJ), will reconsider the medical evidence and
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reevaluate the Plaintiff’s residual functional capacity without reference to consultative examiner Dr. Bunsri
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T. Sophon’s opinion, and if necessary, order a new consultative examination or medical expert testimony.
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The ALJ will also associate the prior claim file with this claim, inquire as to the Plaintiff’s alleged onset
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date, and if necessary, apply the medical improvement standard set forth by 20 C.F.R. § 404.1594.
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The parties further request that the Clerk of the Court be directed to enter a final judgment in favor
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of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the
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Commissioner.
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Respectfully submitted,
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Dated: August 1, 2012
By:
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s/ Katherine Siegfried
[as e-authorized via email]
KATHERINE SIEGFRIED,
Attorney for Plaintiff
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Dated: August 1, 2012
MELINDA L. HAAG
United States Attorney
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By:
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s/ David Lerch
DAVID LERCH
Special Assistant United States Attorney
Attorneys for Defendant
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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
8/2/2012
Dated ____________
_____________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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Stipulation and Proposed order for Remand, 4:12-cv-00373-CW
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