(SS) Ortiz v. Commissioner of Social Security, No. 2:2009cv02641 - Document 27 (E.D. Cal. 2010)

Court Description: STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/10 REMANDING CASE to the Commissioner of Social Security. The Clerk of Court is directed to enter final judgment in favor of plaintiff and against defendant. (Kaminski, H)
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(SS) Ortiz 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 LESLIE ALEXANDER (CSBN 256624) Special Assistant United States Attorney 5 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8927 Facsimile: (415) 744-0134 E-Mail: Leslie.Alexander@ssa.gov 6 7 8 Doc. 27 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 PAMELA J. ORTIZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-02641-KJN STIPULATION AND PROPOSED 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 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 25 On remand, the Appeals Counsel will instruct the Administrative Law Judge (“ALJ”) to take the following action: 26 1. Further evaluate Plaintiff’s credibility; 27 2. Evaluate and explain the weight assigned to the third-party statement of Terrence Watson; 28 3. Further evaluate and explain the weight assigned to the opinion of Paul Kaplan, M.D.; Dockets.Justia.com 1 4. Evaluate and explain the weight assigned to the treatment notes of Charles McCrory, M.D.; 2 5. Further evaluate Plaintiff’s RFC; and, 3 6. Obtain any necessary supplemental vocational expert testimony to clarify the effects of the 4 assessed limitations on Plaintiff’s occupational base. 5 The parties stipulate that no specific aspect of the ALJ’s prior decision is affirmed. 6 The parties further request that the Clerk of the Court be directed to enter a final judgment in 7 favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision 8 of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff’s right to request 9 Equal Access to Justice Act (EAJA) attorney’s fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. 10 § 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, 11 12 Dated: August 16, 2010 s/ Bess M. Brewer (As authorized by email on August 13, 2010) BESS M. BREWER Attorney for Plaintiff Date: August 16, 2010 BENJAMIN B. WAGNER United States Attorney 13 14 15 By s/ Leslie Alexander LESLIE ALEXANDER Special Assistant U. S. Attorney 16 17 Attorneys for Defendant 18 19 ORDER 20 21 22 23 24 The stipulation of the parties is HEREBY APPROVED. Pursuant that stipulation, the Clerk of Court is directed to enter final judgment in favor of plaintiff and against defendant. IT IS SO ORDERED. DATED: August 16, 2010 25 26 27 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 28 2