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Donez v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


July 8, 2009

FRANK DONEZ, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

STIPULATION FOR REMAND TO THE COMMISSIONER; [PROPOSED] ORDER FOR REMAND TO ALL PARTIES, THEIR ATTORNEYS OF RECORD, AND THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE DISTRICT COURT:

The parties, by and through their respective counsel, hereby stipulate to remand the above-captioned matter, pursuant to sentence four of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for further administrative proceedings. On remand, the Commissioner will direct an administrative law judge to update the record, consider whether Plaintiff meets or equals the required findings of Listing 12.05(c) of the Listings of Impairments, Appendix 1, Subpart P, Part 404, 20 C.F.R.; and if not, to proceed to the sequential evaluation process, as necessary.

IT IS SO ORDERED.

20090708

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