Opinion
Case No. CIV-2:12-cv-00479-CMK
01-07-2013
CHERRHONDA LEE ANN CLARK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Michael Astrue Defendant.
ANN M. CERNEY Attorney for Plaintiff BENJAMIN WAGNER United States Attorney ELIZABETH BARRY Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN WAGNER CSBN 163581
United States Attorney
DONNA L. CALVERT SBN IL 619786
Acting Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH BARRY CSBN 203314
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8972
Facsimile: (415) 744-0134
Email: Elizabeth.Barry@ssa.gov
Attorneys for Defendant
STIPULATION AND ORDER
FOR REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)
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) is directed to: (1) update the treatment evidence on the claimant's medical condition; (2) develop the record by forwarding the claimant's school records to Dr. Wakefield for consideration, or, alternatively, obtain a new psychological consultative examination; (3) if warranted, obtain evidence from a medical expert to clarify the nature and severity of the claimant's mental impairment and whether she meets or equals Listing 12.05C; (4) articulate how the severity of all medically determinable mental impairments was evaluated under the special technique; (5) explain how the credibility of the claimant's subjective complaints was evaluated in light of the comments above; (6) expressly evaluate the treating, examining, and non-examining medical source opinions in addition to the non-medical opinions cited above and explain the reasons for the weight he gives to this opinion evidence; (7) further consider the claimant's residual functional capacity on the updated record, citing specific evidence in support of the assessed limitations; (8) further consider whether the claimant has past relevant work she could perform with the limitations established by the evidence; (9) as appropriate, secure supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant's occupational base; and (10) consolidate and consider together the claimant's subsequent application for concurrent benefits filed on June 20, 2011, denied at the initial level.
Respectfully submitted,
_________________
(as authorized via telephone)
ANN M. CERNEY
Attorney for Plaintiff
BENJAMIN WAGNER
United States Attorney
By _________________
ELIZABETH BARRY
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
______________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE