(SS) Toloy v. Commissioner of Social Security, No. 2:2010cv01458 - Document 26 (E.D. Cal. 2012)
Court Description: STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 1/12/2012 ORDERING 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. 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. (Zignago, K.)
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(SS) Toloy v. Commissioner of Social Security 1 2 3 4 5 6 7 Doc. 26 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT, IL SBN 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration DAVID W. LERCH, CA SBN 229411 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8936 Facsimile: (415) 744-0134 E-Mail: David.Lerch@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 18 REBECCA TOLOY, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) ____________________________) CIVIL NO. 2:10-cv-1458-GGH 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 19 20 IT IS HEREBY STIPULATED, by and between the parties, through their 21 respective counsel of record, that this action be remanded to the Commissioner of Social 22 Security for further administrative action pursuant to section 205(g) of the Social 23 Security Act, as amended, 42 U.S.C. § 405(g), sentence four. 24 On remand, the Administrative Law Judge (ALJ) will reconsider the opinions of 25 Drs. Kalman and Wong, reassess the Plaintiff’s residual functional capacity, and obtain, 26 if necessary, supplemental vocational expert testimony to assist in determining what jobs 27 exist in significant numbers for the claimant given her age, education, vocational factors 28 and residual functional capacity. Dockets.Justia.com 1 The parties further request that the Clerk of the Court be directed to enter a final 2 judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, 3 reversing the final decision of the Commissioner. 4 5 Respectfully submitted, 6 7 Dated: January 10, 2012 /s/Bess Brewer (As authorized via e-mail) Bess Brewer Attorney for Plaintiff Dated: January 11, 2012 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 8 9 10 11 12 13 15 /s/ David Lerch DAVID LERCH Special Assistant U.S. Attorney 16 Attorneys for Defendant 14 17 ORDER 18 19 20 21 22 APPROVED AND SO ORDERED. DATED: January 12, 2012 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2
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