Opinion
1:12-CV-00660-SKO
02-19-2013
NORA ELIZABETH DIAZ, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
(Authorized via telephone) ANDREW T. KOENIG Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney THEOPHOUS H. REAGANS Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM, SBN ILL 6203390
Acting Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS, SBN CA 189450
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8943
Facsimile: (415) 744-0134
theophous.reagans@ssa.gov
Attorneys for Defendant
STIPULATION AND ORDER TO REMAND
The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that the above-referenced case be remanded to the Commissioner of Social Security for further administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).
On remand, the Appeals Council will instruct the Administrative Law Judge to take the following action:
1) Give the claimant an opportunity for a hearing;
2) Obtain additional evidence related to the period at-issue;
3) Re-evaluate the claimant's residual functional capacity;
4) Re-evaluate the claimant's ability to perform her past work;
5) Proceed to step five if warranted;
6) Obtain the testimony of a vocational expert if warranted; and
7) Otherwise develop the record as needed.
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 and remanding for further proceedings.
Respectfully submitted,
________________
(Authorized via telephone)
ANDREW T. KOENIG
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
________________
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney
Attorneys for Defendant
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE