(SS) Tevaseu v. Commissioner of Social Security, No. 1:2008cv01375 - Document 23 (E.D. Cal. 2009)
Court Description: 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, signed by Chief Judge Anthony W. Ishii on 9/3/2009. Pursuant to the parties' stipulation, the Clerk of the Court is DIRECTED to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. CASE CLOSED.(Scrivner, E)
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(SS) Tevaseu v. Commissioner of Social Security 1 2 3 4 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration SHEA LITA BOND, SBN D.C. 469103 Special Assistant United States Attorney 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8934 Facsimile: (415) 744-0134 E-Mail: Shea.Bond@ssa.gov 6 7 8 Doc. 23 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 18 JOANNE TEVASEU, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) 19 20 21 22 23 24 25 26 27 CIVIL NO. 1:08-CV-01375-DLB 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 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four. Because the administrative record is missing the 2006 consultative physical examination report upon which the ALJ relied cannot be located, the record is incomplete. On remand, the Appeals Counsel will instruct the Administrative Law Judge (“ALJ”) to associate Plaintiff’s present claim with the subsequent claims that Plaintiff filed on August 18, 2008, reconstruct the administrative record, hold another hearing and issue a new decision on the associated claims. 28 Dockets.Justia.com 1 The parties further request that the Clerk of the Court be directed to enter a final judgment in 2 favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of 3 the Commissioner. 4 Respectfully submitted, 5 6 Dated: August 31, 2009 7 8 /s/ Denise Bourgeois Haley (As authorized via email) DENISE BOURGEOIS HALEY Attorney for Plaintiff 9 10 Dated: August 31, 2009 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 11 12 13 /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney 14 15 Attorneys for Defendant 16 17 ORDER 18 Pursuant to the parties’ stipulation, the Clerk of the Court is DIRECTED to enter a final 19 judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the 20 final decision of the Commissioner. 21 22 IT IS SO ORDERED. 23 Dated: 0m8i78 September 3, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 27 28 -2-
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