Opinion
No. 2:12-cv-1315-DAD
11-26-2012
KATHY LEN CRASE, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security, Defendant
BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT, IL SBN 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration SCOTT J. BORROWMAN, CSBN 241021 Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, IL SBN 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
SCOTT J. BORROWMAN, CSBN 241021
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND ORDER OF VOLUNTARY REMAND AND DISMISSAL
OF CASE, WITH DIRECTIONS TO CLERK TO ENTER JUDGMENT
The parties hereby stipulate that the above-entitled action shall 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 remand the matter to an Administrative Law Judge (ALJ) for a de novo hearing and new decision. The basis for this request is that the current file includes procedural documents and medical evidence that were not exhibited, and it is thus unclear what the ALJ considered in reaching the current decision under review.
The parties agree that appropriate judgment under sentence four of 42 U.S.C. Section 405(g) may be entered. 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,
BY: Joseph C. Fraulob*
JOSEPH C. FRAULOB
Attorney for Plaintiff
KATHY LEN CRASE
(*by email authorization on November 19, 2012)
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
BY: _________________________
SCOTT J. BORROWMAN
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
APPROVED AND SO ORDERED
______________________
DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE