UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
January 25, 2011
TRENT THOMAS SMITH, PLAINTIFF,
MICHAEL J. ASTRUE, ; COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration FRANCESCO P. BENAVIDES, CSBN 258924 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: 415-977-8978 Facsimile: 415-744-0134 Email: firstname.lastname@example.org Attorneys for Defendant
STIPULATION TO VOLUNTARY ) REMAND AND PURSUANT TO SENTENCE ) FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT ORDER
THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision.
Upon remand, the Office of Disability Adjudication and Review will remand this case to an Administrative Law Judge (ALJ) and direct him or her to evaluate the opinion of the examining physician, Allen Hassan, M.D., and explain the weight given to it. Furthermore, the ALJ will be directed to reconsider the disability rating determined by the Department of Veterans' Affairs. Finally, the ALJ will obtain testimony from a vocational expert (VE) to identify jobs available in the national economy that can be performed by Plaintiff despite his assessed limitations, and resolve any conflicts between the VE's testimony and information in the Dictionary of Occupational Titles, pursuant to Social Security Ruling 00-4p.
APPROVED AND SO ORDERED.
Gregory G. Hollows
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