Opinion
Case No. 1:12-cv-00090-SKO
08-23-2012
THOMAS QUEVEDO, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security, Defendant.
SENGTHIENE BOSAVANH, ESQ as authorized via email) Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney TOVA D. WOLKING Special Assistant United States Attorney
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
TOVA WOLKING, CSBN 259782
Special Assistant United States Attorney
Attorney for Defendant
JOINT STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT
ORDER
IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case for further administrative action pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision.
Upon remand to the defendant, the Office of Disability Adjudication and Review will remand this case to an Administrative Law Judge (ALJ) and direct him or her to update the record regarding Plaintiff's impairments in accordance with Social Security Regulations and Rulings.
The ALJ will hold a new administrative hearing and consider Plaintiff's residual functional capacity based on the updated record, including Plaintiff's Veteran's Administration (VA) disability rating decision dated September 14, 2010. If warranted, the ALJ will secure supplemental evidence from a vocational expert to determine whether there are a significant number of jobs in the national economy that Plaintiff can perform given his vocational factors of age, education, and work experience, as well as his updated residual functional capacity.
The parties further request that the Clerk of the Court be directed to enter final judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision of the Commissioner and remanding for additional administrative development.
Respectfully submitted,
_________________
as authorized via email)
(
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By: _________________
TOVA D. WOLKING
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
IT IS SO ORDERED.
__________________________________
CHIEF UNITED STATES DISTRICT JUDGE