(SS) Hicks v. Commissioner of Social Security, No. 2:2009cv02435 - Document 28 (E.D. Cal. 2011)
Court Description: STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 1/3/2011 ORDERING that the final decision of defendant Commissioner of Social Security is reversed and this action is remanded to the Commissioner for further administrative action pur suant to 42 U.S.C. 405(g), sentence four, in accordance with the terms of the parties stipulation. The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff and against Defendant Commissioner. Plaintiff's 19 motion for summary judgment is moot. CASE CLOSED. (Duong, D)
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(SS) Hicks v. Commissioner of Social Security 1 2 3 4 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration GERALYN A. GULSETH, CA SBN 160872 Special Assistant United States Attorney 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8923 Facsimile: (415) 744-0134 E-Mail: Geralyn.Gulseth@ssa.gov 6 7 8 Doc. 28 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 DESIREE HICKS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-2435 DAD STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT 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. 24 On remand, the ALJ will further evaluate the treating, nontreating, and nonexamining source 25 opinions. The ALJ will also obtain testimony from a vocational expert to determine if there are jobs in 26 the national economy that the Plaintiff is capable of performing. The Appeals Council and/or ALJ may 27 take any additional action deemed warranted to issue a new decision. 28 The parties further request that the Clerk of the Court be directed to enter a final judgment in Dockets.Justia.com 1 favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision 2 of the Commissioner. 3 4 Respectfully submitted, 5 6 Dated: December 29, 2010 /s/ Bess Brewer (As authorized via e-mail) Bess M. Brewer Attorney for Plaintiff Dated: December 28, 2010 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration 7 8 9 10 11 12 14 /s/ Geralyn A. Gulseth GERALYN A. GULSETH Special Assistant U.S. Attorney 15 Attorneys for Defendant 13 16 ORDER 17 18 19 20 21 22 23 IT IS HEREBY ORDERED that the final decision of defendant Commissioner of Social Security is reversed and this action is remanded to the Commissioner for further administrative action pursuant to 42 U.S.C. § 405(g), sentence four, in accordance with the terms of the parties’ stipulation. The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff and against Defendant Commissioner. Plaintiff’s motion for summary judgment (Doc. No. 19) is moot. DATED: January 3, 2011. 24 25 26 27 Ddad1\orders\soc sec\hicks2435.stipord.remand 28 2
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