IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
February 19, 2013
NORA ELIZABETH DIAZ,
CAROLYN W. COLVIN *FN1 , ACTING COMMISSIONER OF SOCIAL SECURITY,
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER TO REMAND
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) Give the claimant an opportunity for a hearing;
2) Obtain additional evidence related to the period at-issue;
3) Re-evaluate the claimant's residual functional capacity;
4) Re-evaluate the claimant's ability to perform her past work;
5) Proceed to step five if warranted;
6) Obtain the testimony of a vocational expert if warranted; and
7) 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 and remanding for further proceedings.
Dated: February 14, 2013 Andrew T. Koenig (Authorized via telephone) ANDREW T. KOENIG Attorney for Plaintiff Dated: February 14, 2013 BENJAMIN B. WAGNER United States Attorney Theophous H. Reagans THEOPHOUS H. REAGANS Special Assistant U.S. Attorney Attorneys for Defendant
IT IS SO ORDERED.