Opinion
Civil No. 1:12-cv-00423-BAM
01-15-2013
DEBRA L. NICHOLSON, Plaintiff v. Michael J. Astrue, Commissioner of Social Security, Defendant
BENJAMIN B. WAGNER United States Attorney GRACE M. KIM Regional Chief Counsel, Region IX, Social Security Administration ARMAND D. ROTH [CBN 214624] Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX,
Social Security Administration
ARMAND D. ROTH [CBN 214624]
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 Appeals Counsel will instruct the Administrative Law Judge ("ALJ") to take the following action:
1. Provide the claimant with an opportunity for a new hearing;
2. Evaluate, give weight, and provide rationale for the weight given to the medical opinions in the record, including treating psychologist Carole Crofts, Ph.D., treating psychiatrist, Dwight W. Sievert, M.D., and the State agency consultants, in accordance with Social Security Ruling (SSR) 96-2p and 20 C.F.R. § 404.1527;
3. Re-assess the claimant's residual functional capacity; and
4. Re-assess the claimant's credibility in conjunction with the medical opinions of record and medical evidence as a whole.
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,
Shanny J. Lee
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX,
Social Security Administration
By:
ARMAND D. ROTH
Special Assistant United States Attorney
Of Counsel, HEATHER M. MOSS
Assistant Regional Counsel, Social Security Administration
ORDER
Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), and for cause shown, IT IS ORDERED that the above captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE