Opinion
CIVIL NO. 2:10-cv-1458-GGH
01-12-2012
REBECCA TOLOY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, 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
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 reconsider the opinions of Drs. Kalman and Wong, reassess the Plaintiff's residual functional capacity, and obtain, if necessary, supplemental vocational expert testimony to assist in determining what jobs exist in significant numbers for the claimant given her age, education, vocational factors and residual functional capacity.
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.
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.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE