Opinion
CIVIL NO. 11-00925 EDL
10-26-2011
JEFFREY PATTERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
MELINDA L. HAAG, SBN CA 132612 United States Attorney DONNA L. CALVERT, SBN IL 6191786 Acting Regional Chief Counsel, Region IX, Social Security Administration LEO R. MONTENEGRO SBN NY 2616118 Special Assistant United States Attorney Attorneys for Defendant (As authorized via e-mail) TOM F. WEATHERED Attorney for Plaintiff MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX LEO R. MONTENEGRO Special Assistant U.S. Attorney Attorneys for Defendant
MELINDA L. HAAG, SBN CA 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX,
Social Security Administration
LEO R. MONTENEGRO SBN NY 2616118
Special Assistant United States Attorney
Attorneys for Defendant
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, 42 U.S.C. § 405(g), sentence four.
Upon remand, an Administrative Law Judge will be directed to offer Plaintiff the opportunity for another hearing. Plaintiff is to be properly informed of his rights and options in connection with the hearing, in accordance with the regulations and HALLEX. The evidence should be updated, and a new decision should be issued.
The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff and against Defendant, Michael J. Astrue, Commissioner of Social Security, reversing the final decision of the Commissioner.
Respectfully submitted,
(As authorized via e-mail)
TOM F. WEATHERED
Attorney for Plaintiff
MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
LEO R. MONTENEGRO
Special Assistant U.S. Attorney
Attorneys for Defendant
PROPOSED -ORDER
Approved and so ordered.
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE