Opinion
Case No. 2:11-cv-02675-CMK
07-19-2012
MELISA A. FOSTER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER FOR
REMAND FOR FURTHER PROCEEDINGS
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g), AND FOR ENTRY OF
JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT
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.
Plaintiff will be given an opportunity for another hearing and an opportunity to submit additional evidence. Upon remand, the Appeals Council will direct the administrative law judge (ALJ) to obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant's occupational base. The Administrative Law Judge will ask the vocational expert to identify examples of appropriate jobs and to state the incidence of such jobs in the national economy. Further, before relying on the vocational expert evidence the Administrative Law Judge will identify and resolve any conflicts between the occupational evidence provided by the vocational expert and information in the Dictionary of Occupational Titles and its companion publication, the Selected Characteristics of Occupations.
The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. The parties agree that no aspect of the Commissioner's final decision is affirmed and that the ALJ will render a de novo decision on remand. Nothing in this proposed order shall be taken to affect Plaintiff's right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests.
Respectfully submitted July 3, 2012.
Respectfully submitted,
____________________________
(As authorized via email)
RICHARD HU
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By ____________________________
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue
ORDER
APPROVED AND SO ORDERED.
____________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE