Opinion
CIVIL NO. 11-2046-GGH
02-09-2012
CHRISTOPHER ALLAN ARSICH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney SUNDEEP R. PATEL Special Assistant U.S. Attorney Attorney for Defendant CERNEY KREUZE & LOTT, LLP *Via e-mail authorization on 02-9-2012 ANN M. CERNEY Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SUNDEEP R. PATEL, CSBN 242284
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT
IT IS STIPULATED by and between plaintiff Christopher Allan Arsich ("Plaintiff") and defendant Michael J. Astrue, Commissioner of Social Security ("Defendant"), through their undersigned counsel of record, that the above-entitled action shall be remanded to the Commissioner of Social Security for further administrative proceedings.
Upon remand, the Office of Disability Adjudication and Review will remand the case to an Administrative Law Judge (ALJ) and direct him to: (1) update the treatment evidence on the claimant's medical condition; (2) expressly evaluate medical source opinions of consultative examiner, Dr. Aquino, D.O., and State agency non-examining physician, Dr. Dann, M.D., and explain the reasons for the weight he gives to this opinion evidence; (3) further consider the claimant's residual functional capacity on the updated record, citing specific evidence in support of the assessed limitations; (4) further consider whether the claimant has past relevant work he could perform with the limitations established by the evidence; and (5) as appropriate, secure supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant's occupational base. This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By ____________
SUNDEEP R. PATEL
Special Assistant U.S. Attorney
Attorney for Defendant
CERNEY KREUZE & LOTT, LLP
By ____________
*Via e-mail authorization on 02-9-2012
ANN M. CERNEY
Attorney for Plaintiff
ORDER
APPROVED AND SO ORDERED.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE