Opinion
CIVIL NO. 2:10-cv-1987 CMK
09-01-2011
RODNEY FRAZIER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
(As authorized via email) BESS BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration SHEA LITA BOND Special Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHEA LITA BOND, SBN D.C. 469103
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8934
Facsimile: (415) 744-0134
E-Mail: Shea.Bond@ssa.gov
Attorneys for Defendant
STIPULATION AND ORDER FOR
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g), and
REQUEST 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.
On remand, the Appeals Counsel will instruct the Administrative Law Judge ("ALJ") to take the following action:
The ALJ will update the medical record with existing evidence from the treating sources, to include medical source statements; evaluate all the medical source opinions of record pursuant to the regulations; reevaluate the claimant's credibility; obtain consultative physical and psychological examinations to clarify the nature and severity of the claimant's impairments; reevaluate the severity of the claimant's physical and mental impairments at step two of the sequential evaluation; evaluate the claimant's residual functional capacity; and if warranted by the expanded record obtain vocational expert testimony at step five of the sequential evaluation.
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.
Respectfully submitted,
(As authorized via email)
BESS BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHEA LITA BOND
Special Assistant U.S. Attorney
IT IS SO ORDERED:
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE