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TRICE v. COLVIN, 2:13-cv-00319-DAD. (2013)

Court: District Court, E.D. California Number: infdco20130419885 Visitors: 8
Filed: Apr. 17, 2013
Latest Update: Apr. 17, 2013
Summary: STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT DALE A. DROZD, Magistrate Judge. 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. Upon remand
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STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT

DALE A. DROZD, Magistrate Judge.

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.

Upon remand from the Court, the Appeals Council will remand the case to an Administrative Law Judge (ALJ) for a new hearing and a new decision. The ALJ will offer Plaintiff the opportunity for a new hearing and an opportunity to submit new evidence; will reconsider the medical source opinion offered by Dr. Mitchell specifically, regarding the "no capacity" on the left side that was assessed due to cerebral palsy, and provide the weight that is accorded to the opinion and, if the ALJ rejects this opinion, will provide specific and legitimate reasons for doing so; will reassess Plaintiff's residual functional capacity; and will obtain if necessary, supplemental vocational expert testimony, posing a hypothetical question to the vocational expert that includes all of Plaintiff's assessed limitations.

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.

ORDER

Pursuant to the parties' stipulation, it is so ordered.

FootNotes


1. Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source:  Leagle

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