Opinion
CIVIL NO. 2:10-cv-01949 GGH (TEMP)
09-14-2011
STELLA CARTER, Plaintiff, v. MICHAEL J. ASTRUE, Acting Commissioner of Social Security, Defendant.
BESS M. BREWER (as authorized via email) Attorney at Law Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER
OF VOLUNTARY REMAND AND
DISMISSAL OF CASE, WITH DIRECTIONS
TO CLERK TO ENTER JUDGMENT
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
Upon remand, the Administrative Law Judge (ALJ) must ensure that Plaintiff's two application files are properly consolidated and include all of the relevant evidence. In assessing Plaintiff's residual functional capacity, the ALJ must also directly address the opinions of Plaintiff's treating physicians including Dr. Wiggins. The ALJ must explain the weight given to the medical source opinions in accordance with 20 C.F.R. § 404.1527 as well as Social Security Ruling 96-2p. The ALJ will give Plaintiff the opportunity to participate in another hearing.
It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993).
Respectfully submitted,
BESS M. BREWER
(as authorized via email)
Attorney at Law
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
APPROVED AND SO ORDERED.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE