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Jason L. Thomas v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


February 10, 2012

JASON L. THOMAS,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

AMENDED STIPULATION AND PROPOSED ORDER 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

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that the above-referenced case be remanded to the Commissioner of Social Security for further administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).

On remand, the Appeals Council will instruct the Administrative Law Judge to take the following action:

1) Re-evaluate the medical opinions regarding Claimant's non-exertional limitations and explain the weight given to each of those opinions and if the ALJ rejects any of those opinions he should explain why;

2) Further evaluate the medical opinions regarding Claimant's mental limitations and explain the weight given to each of those opinions and if the ALJ rejects any of those opinions he should explain why;

3) Further evaluate the Claimant's residual functional capacity and provide appropriate rationale;

4) Re-evaluate Claimant's credibility and the credibility of the lay witness if warranted;

5) Obtain evidence from a vocational expert if warranted; and

6) Otherwise develop the record as needed.

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: February 8, 2012 /s/ Andrew T. Koenig

(authorized via telephone) ANDREW T. KOENIG Attorney for Plaintiff

Dated: February 8, 2012 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX By: /s/Theophous H. Reagans Theophous H. Reagans Special Assistant U.S. Attorney Attorneys for Defendant

ORDER

APPROVED AND SO ORDERED.

20120210

© 1992-2012 VersusLaw Inc.



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