(SS) Ratcliff v. Commissioner of Social Security, No. 2:2010cv01244 - Document 19 (E.D. Cal. 2011)

Court Description: STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/2011 re 18 ORDERING that this action be remanded to the Commissioner of Social Security. The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff and against Defendant, and to close this case. CASE CLOSED. (Duong, D)

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(SS) Ratcliff v. Commissioner of Social Security 1 2 3 4 5 6 7 8 9 10 Doc. 19 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration THEOPHOUS H. REAGANS, CSBN 189450 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8938 Facsimile: (415) 744-0134 E-Mail: Theophous.Reagans@ssa.gov Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 16 17 18 19 20 21 22 LINDA RATCLIFF, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) ______________________________) CIVIL NO.: 2:10-CV-01244-EFB 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 23 24 25 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 26 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 27 U.S.C. § 405(g), sentence four. 28 Stip. & Order for Remand 1 CIVIL NO.: 2:10-CV-01244-EFB Dockets.Justia.com 1 On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take 2 the following action: 3 To further consider the opinions of all treating sources, including the opinion of Dr. Lui, 4 in assessing Plaintiff’s residual functional capacity, and to provide rationale for the weight 5 accorded to each opinion. If warranted, the ALJ should obtain supplemental vocational expert 6 testimony to assist in determining Plaintiff’s ability to perform jobs existing in significant 7 8 9 numbers in the national economy. 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. 10 11 Respectfully submitted, Dated: January 11, 2011 /s/ Bess M. Brewer (As authorized by email) BESS M. BREWER Attorney for Plaintiff Dated: January 11, 2011 BENJAMIN B. WAGNER United States Attorney 12 13 14 15 16 By /s/ Theophous H.Reagans THEOPHOUS H. REAGANS Special Assistant United States Attorney 17 18 19 OF COUNSEL: 20 LYNN M. HARADA Assistant Regional Counsel 21 United States Social Security Administration 22 ORDER 23 APPROVED AND SO ORDERED. The Clerk of the Court is directed to enter a final judgment 24 25 in favor of Plaintiff and against Defendant, and to close this case. 26 DATED: January 12, 2011. 27 28 Stip. & Order for Remand 2 CIVIL NO.: 2:10-CV-01244-EFB

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