Opinion
CIVIL NO. 2:11-cv-03400-DAD
09-10-2012
DIANA GONZALEZ ALVEREZ , Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Respectfully submitted, (As authorized via e-mail) BESS BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration DAVID LERCH Special Assistant U.S. Attorney Attorneys for Defendant
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
Attorneys for Defendant
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 counsel of record, 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.
On remand, the Administrative Law Judge (ALJ) will: (1) reassess the Plaintiff's residual functional capacity; (2) obtain vocational expert testimony in order to evaluate the Plaintiff's ability to perform her past relevant work or assess the availability of other work the Plaintiff could perform based on the assessed RFC; and (3) consider any new evidence submitted.
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.
Respectfully submitted,
_________________
(As authorized via e-mail)
BESS BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
_________________
DAVID LERCH
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
APPROVED AND SO ORDERED.
_________________
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE