Opinion
Case NO. 2:12-cv-00312-EFB
10-09-2012
RICHARD FLORES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BESS M. BREWER Attorney at Law Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration PATRICK WILLIAM SNYDER Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
PATRICK WILLIAM SNYDER, CSBN 260690
Special Assistant United States Attorney
STIPULATION AND PROPOSED 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, and give the claimant an opportunity to participate in another hearing. The ALJ will review the medical opinions of record and explain the weight given to those opinions when determining Plaintiff's RFC and assess claimant's testimony and third party statements. If appropriate, the ALJ will consult with a Vocational Expert (VE) and ask whether his or her testimony is consistent with the DOT. If the VE testimony is not consistent with the DOT, the ALJ shall obtain an explanation for any deviation.
____________________
BESS M. BREWER
(as authorized via email on October 4, 2012)
Attorney at Law
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
By: ____________________
PATRICK WILLIAM SNYDER
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
APPROVED AND SO ORDERED.
____________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE