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Ritchie v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 18, 2010

CHARLENE LEE RITCHIE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

STIPULATON AND PROPOSED ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), and 16 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 Counsel will instruct the Administrative Law Judge ("ALJ") to do the following:

1. Further evaluate Plaintiff's work at a theater from April 2003 to September 2003, and to provide reasoning to explain why that work should be considered substantial gainful activity ("SGA") despite the fact that her wages were below the presumptive SGA amount for 2003;

2. Further address the lay witness testimony;

3. Further consider the opinions of the treating and examining physicians, including Janet Cain, Ph.D., in compliance with 20 C.F.R. § 404.1527 and 20 C.F.R. § 416.927; and

4. Offer Plaintiff the right to attend a supplemental hearing and to submit additional evidence.

The parties stipulate that no specific aspect of the ALJ's prior decision is affirmed.

Following remand proceedings, the ALJ will issue a de novo decision.

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. Nothing in this proposed order shall be taken to affect Plaintiff's right to request Equal Access to Justice Act (EAJA) attorney's fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from opposing any such requests.

20101018

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