(SS) Urbano v. Commissioner of Social Security, No. 2:2010cv02007 - Document 23 (E.D. Cal. 2011)

Court Description: STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/11 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 ame nded, 42 U.S.C. § 405(g), sentence four. The parties stipulate that no specific aspect of the ALJ's prior decision is affirmed. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaint iff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff's right to request Equal Access to Justice Act (EAJA) attorneys fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. CASE CLOSED. (Mena-Sanchez, L)

Download PDF
(SS) Urbano v. Commissioner of Social Security 1 8 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Daniel.Talbert@ssa.gov 9 Doc. 23 Attorneys for Defendant 2 3 4 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 CARLOS URBANO, ) Plaintiff, ) v. ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) Case No. 2:10-cv-02007-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 IT IS HEREBY STIPULATED, by and between the parties, through their respective 18 counsel of record, that this action be remanded to the Commissioner of Social Security for further 19 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 20 U.S.C. § 405(g), sentence four. 21 Plaintiff will be given an opportunity for another hearing and an opportunity to submit 22 additional evidence. Upon remand, the Appeals Council will direct the administrative law judge 23 to further consider whether Plaintiff’s IQ scores in the record, including any IQ scores from any subsequent consultative examination or other examination(s), meets or equals Listing 12.05C; and 24 if the ALJ finds that Plaintiff does not meet or equal Listing 12.05C or any other listing, evaluate 25 all of the evidence of record and make a residual functional capacity (RFC) finding, explaining 26 the basis for the RFC and citing the evidence supporting it. 27 28 Stip. & Order for Remand 1 Dockets.Justia.com 1 The parties stipulate that no specific aspect of the ALJ’s prior decision is affirmed. 2 The parties further request that the Clerk of the Court be directed to enter a final judgment 3 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 4 decision of the Commissioner. Nothing in this proposed order shall be taken to affect Plaintiff’s 5 right to request Equal Access to Justice Act (EAJA) attorney’s fees under 28 U.S.C. § 2412, or 6 costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests. Respectfully submitted, 7 8 Dated: June 21, 2011 s/ Bess Brewer (As authorized by email) BESS BREWER Attorney for Plaintiff Date: June 21, 2011 BENJAMIN B. WAGNER United States Attorney 9 10 11 12 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney 13 14 15 Attorneys for Defendant 16 17 18 19 ORDER APPROVED AND SO ORDERED. 20 21 DATED: June 21, 2011. 22 23 24 25 26 27 28 Stip. & Order for Remand 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.