Opinion
CASE NO. 2:12-cv-02473-EFB
03-04-2013
GILBERT NAVARRO, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
GLENN M. CLARK Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: (415) 977-8926
Facsimile: (415) 977-8873
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER
FOR REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g),
AND 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.
Upon remand from the Court, the Appeals Council will remand the case to an Administrative Law Judge (ALJ) for a new hearing and a new decision. The parties note that the Commissioner is not required to conduct an additional ALJ hearing in this matter; rather, the Commissioner's Hearings, Appeals, and Litigation Law Manual (HALLEX) provides that the Appeals Council may, at its discretion, issue a decision without remand to an ALJ. See HALLEX I-4-3-80. If the Appeals Council decides that remand to an ALJ is necessary, it will direct the ALJ to evaluate the claimant's impairments under Listing 1.02A as well as any other listing that Plaintiff argues he meets or equals. If the ALJ finds that Plaintiff does not meet or equal any listing, he should evaluate the credibility of Plaintiff's subjective complaints, determine his residual functional capacity, and determine whether he can perform his past relevant work or other jobs existing in significant numbers in the national economy. The ALJ should set forth good reasons for the weight that he gives to any treating source opinion in the record, and, if he finds Plaintiff's testimony less than fully credible, he should provide specific reasons for so finding supported by evidence in the record.
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,
_______________
GLENN M. CLARK
(as authorized by email)
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By ____________________
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
Pursuant to stipulation, it is so ordered.
____________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE