(SS) Bishop v. Commissioner of Social Security, No. 2:2008cv01582 - Document 28 (E.D. Cal. 2009)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 09/11/09 GRANTING 27 Stipulation. IT IS ORDERED that this action be REMANEDED to the Commissioner of Social Security for further administrative action. The Clerk is directed to enter final judgment in favor of plaintiff, and against defendant, reversing the final decision of the Commissioner. CASE CLOSED. (Streeter, J)
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(SS) Bishop v. Commissioner of Social Security 1 2 3 4 5 6 Doc. 28 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 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8943 Facsimile: (415) 744-0134 Shea.Bond@ssa.gov 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 ANGELA BISHOP, Plaintiff, 13 14 15 16 v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:08-CV-01582-DAD 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 18 IT IS HEREBY STIPULATED, by and between the parties, through their respective 19 counsel of record, that this action be remanded to the Commissioner of Social Security for 20 further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 21 42 U.S.C. § 405(g), sentence four. 22 23 24 On remand, the Appeals Counsel will instruct the Administrative Law Judge (“ALJ”) to take the following action: Update the medical record with evidence from the treating sources to clarify the severity 25 of the claimant's physical and mental impairments, including medical source statements; evaluate 26 all of the medical source opinions of record, including those of Dr. Budham and the State agency 27 28 physicians; obtain, if warranted, a consultative psychiatric examination with psychological testing and medical source statements; evaluate the severity of any mental impairment pursuant Dockets.Justia.com 1 to 20 CFR § 416.920a; re-evaluate Plaintiff's credibility and residual functional capacity; and 2 determine whether Plaintiff can return to her past relevant work and/or a significant number of 3 4 5 6 other jobs in the national economy, obtaining vocational expert testimony if necessary. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of plaintiff, and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Respectfully submitted, 7 8 Dated: September 4, 2009 /s/ Frederick J. Daley Jr. (As authorized via email) FREDERICK J. DALEY JR. Attorney for Plaintiff Dated: September 9, 2009 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 9 10 11 12 13 14 /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney 15 16 17 18 IT IS SO ORDERED: DATED: September 11, 2009. 19 20 21 22 23 Ddad1/orders.socsec/bishop1582.stipord.remand 24 25 26 27 28 - 2 -
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