(SS) Woody v. Commissioner of Social Security, No. 2:2010cv02476 - Document 25 (E.D. Cal. 2011)

Court Description: STIPULATION and ORDER REMANDING CASE to Commissioner of Social Security signed by Magistrate Judge Craig M. Kellison on 12/1/11: The Clerk of the Court is directed to enter a final judgmentin favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner.(Kaminski, H)
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(SS) Woody v. Commissioner of Social Security 1 2 3 4 5 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration LYNN M. HARADA, CSBN 267616 Special Assistant United States Attorney 6 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8977 Facsimile: (415) 744-0134 E-Mail: Lynn.Harada@ssa.gov 7 8 9 10 Doc. 25 Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 ) 15 JAMES M. WOODY, Plaintiff, ) 16 v. ) ) 17 MICHAEL J. ASTRUE, Commissioner of Social Security, ) 18 Defendant. ) ______________________________) 19 Case No.: 2:10-cv-02476-CMK 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 20 21 counsel of record, that this action be remanded to the Commissioner of Social Security for further 22 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 23 § 405(g), sentence four. On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to 24 25 26 27 consider the opinion of Dr. Owen regarding Plaintiff’s IQ score and functional limitations and provide his rationale for the weight accorded to that opinion. The ALJ shall also consider the IQ score assessed by the medical expert and reevaluate whether Plaintiff meets or equals a listing in /// 28 Stip. & Prop. Order for Remand: 2:10-cv-02476-CMK 1 Dockets.Justia.com 1 light of these opinions. If the ALJ finds Plaintiff does not meet or equal a listing, he shall 2 reconsider Plaintiff’s residual functional capacity. 3 The parties further request that the Clerk of the Court be directed to enter a final judgment 4 in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 5 decision of the Commissioner. 6 Respectfully submitted, 7 8 /s/ Bess M. Brewer (As authorized by email on 11/22/11 at 7:00 a.m.) BESS M. BREWER Attorney for Plaintiff Date: November 23, 2011 9 10 11 Date: November 23, 2011 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 12 13 14 By 15 16 /s/ Lynn M. Harada LYNN M. HARADA Special Assistant U.S. Attorney Attorneys for Defendant 17 18 ORDER 19 20 APPROVED AND SO ORDERED: 21 22 DATED: December 1, 2011 23 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 Stip. & Prop. Order for Remand: 2:10-cv-02476-CMK 2