Opinion
Case No. 2:10-CV-02458-KJN (TEMP)
09-21-2011
JOHNNIE JOHNSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Bess M. Brewer (As authorized via email) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration KATHRYN R. WATSON Special Assistant United States Attorney Social Security Administration
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
KATHRYN R. WATSON
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND ORDER TO VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
Upon remand, Plaintiff will be offered an opportunity for a hearing, and at such hearing an Administrative Law Judge will hear testimony from a medical expert regarding the disability onset date and address the opinion of Dr. Malek, Plaintiff's treating physician. The ALJ must explain the weight given to the medical source opinions in accordance with 20 C.F.R. § 404.1527, as well as Social Security Ruling 96-2p.
Defendant will lodge a proposed Judgment of Remand concurrent with the filing of this stipulation.
Respectfully submitted,
Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
KATHRYN R. WATSON
Special Assistant United States Attorney
Social Security Administration
ORDER
Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence 4 of 42 U.S.C. § 405(g) and to Entry of Judgment ("Stipulation of Remand"), IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation of Remand.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE