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West v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


February 4, 2009

DIANA L. WEST, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Theresa A. Goldner United States Magistrate Judge

AMENDED STIPULATION AND ORDER OF VOLUNTARY REMAND AND DISMISSAL OF CASE, WITH DIRECTIONS TO CLERK TO ENTER JUDGMENT FOR PLAINTIFF PURSUANT TO 42 U.S.C. § 405(g), SENTENCE FOUR

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 the opportunity for a new hearing before the administrative law judge ("ALJ") and a new decision. The record will be updated and Plaintiff may offer such new evidence as she desires. The ALJ shall obtain supplemental vocational expert testimony to assist in determining what jobs may exist in significant numbers for Plaintiff, given her age, education, vocational factors and residual functional capacity.

It is further stipulated that the administrative decision shall be vacated and that the Clerk of this Court shall be directed to enter a separate, final judgment in favor of Plaintiff and against Defendant, reversing the decision of the Commissioner, 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,

Dated: February 3, 2009.

IT IS SO ORDERED.

20090204

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