(SS) Diaz-Martinez v. Commissioner of Social Security, No. 2:2009cv02096 - Document 21 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/14/2010 ORDERING that this action is REMANDED to the Commissioner of Social Security. Clerk is directed to enter a final judgment in favor of Pltf, and against Dft, Commissioner of Social Security, reversing the final decision of the Commissioner. CASE CLOSED. (Engbretson, K.)
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(SS) Diaz-Martinez v. Commissioner of Social Security 1 2 3 4 5 6 7 Doc. 21 BENJAMIN B. WAGNER 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) 977-8934 Facsimile: (415) 744-0134 E-Mail: Shea.Bond@ssa.gov Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 14 15 16 17 ELIZABETH DIAZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) 18 19 20 21 22 23 24 25 26 27 28 CIVIL NO. 2:09-cv-2096 KJN 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. On remand, the Appeals Counsel will instruct the Administrative Law Judge (“ALJ”) to take the following action: The ALJ should reevaluate the medical opinion evidence, including the opinion of Drs. Kalman, Lopez, Chang and Thurstone, and explain whether he is accepting or rejecting the individual opinions; reevaluate the claimant's credibility and RFC; and reevaluate whether the claimant can return to his past relevant work and/or a significant number of other jobs given his RFC, obtaining vocational expert testimony if necessary. 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. Respectfully submitted, 4 5 6 Dated: April 12, 2010 /s/ Ann Cerney (As authorized via email) ANN CERNEY Attorney for Plaintiff Dated: April 12, 2010 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 7 8 9 10 11 /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney 12 13 14 IT IS SO ORDERED. 15 16 Dated: April 14, 2010 17 18 19 20 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2
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