UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
August 13, 2009
CIRILO GONZALEZ, PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER RE STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT
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.
On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to take the following action:
The ALJ will be directed to reevaluate Plaintiff's impairments at step two of the sequential evaluation process, as well as Plaintiff's residual functional capacity, with regard to all Plaintiff's impairments, including his alleged breathing and/or lung problems; to make an express finding regarding Plaintiff's ability to communicate, read and write in English; and to provide the reasons in evidence of record for his findings.
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.
Dated: August 11, 2009
MIGUEL C. LOPEZ Attorney for Plaintiff
LAWRENCE G. BROWN United States Attorney JACQUELINE A. FORSLUND Special Assistant U. S. Attorney Attorneys for Defendant
Pursuant to the Stipulation for Remand between the parties, the Clerk of the Court is directed to enter judgment in favor of Plaintiff Cirilo Gonzalez and against Defendant Commissioner of Social Security.
IT IS SO ORDERED.
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