(SS) Green v. CSS, No. 2:2008cv00842 - Document 27 (E.D. Cal. 2009)
Court Description: STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/3/2009 REMANDING CASE to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act; and that the Clerk of the Court be directed to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversingthe final decision of the Commissioner. CASE CLOSED. (Reader, L)
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(SS) Green v. CSS 1 2 3 4 5 6 7 Doc. 27 LAWRENCE G. BROWN Acting 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 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8943 Facsimile: (415) 744-0134 Shea.Bond@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 11 DAMIKO GREEN, Plaintiff, 12 13 14 15 v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:08-CV-00842-KJM 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 16 17 IT IS HEREBY STIPULATED, by and between the parties, through their respective 18 counsel of record, that this action be remanded to the Commissioner of Social Security for 19 further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 20 42 U.S.C. § 405(g), sentence four. 21 22 23 On remand, the Appeals Counsel will instruct the Administrative Law Judge (“ALJ”) to take the following action: The ALJ will reevaluate the treating, examining and reviewing physician opinion 24 evidence, including opinions from Liana Turkot, M.D., Mandeep Behniwal, M.D., Michelina 25 Regazzi, Ph.D., and Rosemary Tyl, M.D. The ALJ may request the treating and examining 26 sources to provide additional evidence and/or to further clarify their opinions. The ALJ will 27 reconsider Plaintiff's RFC and provide a function by function assessment for the entire period at 28 Dockets.Justia.com issue. The ALJ will give further consideration to the record concerning Plaintiff's past relevant 1 2 work and clarify plaintiff's past relevant work. If warranted, the ALJ will obtain vocational expert testimony to clarify the effect of Plaintiff's assessed limitations on the occupational base. 3 The ALJ will ask the vocational expert whether the jobs identified conflict with descriptions 4 contained in the Dictionary of Occupational Titles. 5 The parties further request that the Clerk of the Court be directed to enter a final 6 judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing 7 the final decision of the Commissioner. 8 Respectfully submitted, 9 10 Dated: April 2, 2009 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff Dated: April 2, 2009 LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 11 12 13 14 15 /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney 16 17 18 IT IS SO ORDERED. 19 Dated: April 3, 2009. 20 21 22 23 24 25 26 27 28 - 2 -
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