Opinion
Case No. CIV-1:11-00986-LJO-BAM
07-10-2012
HARMILA EARTH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
_________________ (as authorized via e-mail) SENGTHIENE BOSAVANH Attorney for Plaintiff BENJAMIN WAGNER United States Attorney ELIZABETH BARRY Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN WAGNER CSBN 163581
United States Attorney
DONNA L. CALVERT SBN IL 619786
Acting Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH BARRY CSBN 203314
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND ORDER
FOR REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)
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 administrative law judge (ALJ) will issue a new decision, further assessing Plaintiff's purported depression and determining whether it is a severe impairment. In addition, the ALJ will consider the opinions provided by Drs. Morgan and Morgatt regarding Plaintiff's mental limitations and ability to work. Further, the ALJ will reevaluate Plaintiff's work history and determine whether she has worked at substantial gainful activity levels and whether she has past relevant work. Finally, the ALJ will re-evaluate the claimant's credibility and residual functional capacity and obtain the services of a vocational expert.
Respectfully submitted,
_________________
(as authorized via e-mail)
SENGTHIENE BOSAVANH
Attorney for Plaintiff
BENJAMIN WAGNER
United States Attorney
By _________________
ELIZABETH BARRY
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
Pursuant to the Stipulation of the parties (Doc. 24), it is hereby ORDERED this action be remanded to the Commissioner of Social Security for further administrative action consistent with the above Stipulation.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE