Opinion
CIVIL NO. 1:11-CV-01102-LJO-SKO
04-19-2012
JANET KRAUSS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney DONNA CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration BRENDA M. PULLIN Special Assistant United States Attorney Social Security Administration Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER OF VOLUNTARY REMAND AND
DISMISSAL OF CASE, WITH DIRECTIONS TO CLERK TO ENTER 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).
Remand is needed for the Administrative Law Judge (ALJ) to assess the claimant's mental impairment. Upon remand, the Appeals Council will remand the case to an ALJ to assess the severity of the mental impairment; reevaluate step three of the sequential evaluation should this impairment be found severe; reevaluate the claimant's residual functional capacity assessment; and reassess steps four and five with the assistance of a vocational expert, if necessary.
It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993).
Respectfully submitted,
Sengthiene Bosavanh
(As authorized via e-mail)
SENGTHIENE BOSAVANH
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
______________
BRENDA M. PULLIN
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
APPROVED AND SO ORDERED. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE