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Rodriguez v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 29, 2010

BELIA RODRIGUEZ, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Patricia V. Trumbull United State Magistrate Judge

ORDER ON STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR 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 actions:

The ALJ will grant Plaintiff a new hearing, and Plaintiff may submit new evidence. The ALJ will conduct a de novo review of the evidence, including Plaintiff's subjective complaint testimony and the medical evidence. Furthermore, the ALJ will obtain the testimony of a medical expert to review the medical evidence relating to the period prior to March 30, 2006, and provide guidance regarding the nature and severity of Plaintiff's impairments and Plaintiff's date of onset.

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.

Respectfully submitted,

Dated: April 28, 2010

Harvey P. Sackett HARVEY P. SACKETT Attorney for Plaintiff

JOSEPH P. RUSSONIELLO United States Attorney DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant

ORDER

APPROVED AND SO ORDERED.

20100429

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