(SS) Hernandez v. Commissioner of Social Security, No. 2:2008cv02408 - Document 24 (E.D. Cal. 2009)

Court Description: STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 10/9/09 REMANDING CASE to U.S. Agency. 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. CASE CLOSED. (Kaminski, H)

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(SS) Hernandez 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 MARK A. WIN Special Assistant United States Attorney 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8980 Facsimile: (415) 744-0134 E-Mail: Mark.Win@ssa.gov 6 7 8 Doc. 24 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 SAMMIE D. HERNANDEZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:08-CV-2408-CMK STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 19 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of 20 21 record, that this action be remanded to the Commissioner of Social Security for further administrative 22 action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence 23 four. Upon remand, the Office of Disability Adjudication and Review will direct the Administrative 24 25 Law Judge to propound a complete hypothetical question to the vocational expert that includes all of 26 Plaintiff’s limitations with regard to her ability to interact with co-workers and supervisors. 27 /// 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 3 of the Commissioner. Respectfully submitted, 4 5 6 Dated: October 7, 2009 /s/ Bess M. Brewer (As authorized via electronic mail) BESS M. BREWER Attorney for Plaintiff Dated: October 7, 2009 LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 7 8 9 10 11 /s/ Mark A. Win MARK A. WIN Special Assistant U.S. Attorney 12 13 14 IT IS SO ORDERED: 15 16 17 18 19 DATED: October 9, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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