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Cheema v. Colvin

United States District Court, Ninth Circuit

June 3, 2013

AMTUL CHEEMA, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.[1]

MELINDA L. HAAG, CSBN 132612, United States Attorney, GRACE M. KIM, SBN IL 6203390, Regional Chief Counsel, DANIEL P. TALBERT, SBN OH 84088, Special Assistant United States Attorney, Social Security Administration, San Francisco, CA, Attorneys for Defendant.

James Hunt Miller, Attorney for Plaintiff.

STIPULATION AND PROPOSED ORDER TO REMAND FOR FURTHER PROCEEDINGS PURSUANT TO 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT

RONALD M. WHYTE, District Judge.

The parties hereby stipulate, through their undersigned attorneys, 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.

Upon remand from the Court, the Appeals Council will remand the case to an Administrative Law Judge (ALJ) for a new hearing and a new decision. Specifically, the Administrative Law Judge will obtain updated treatment records from Plaintiff's treating sources; further evaluate the medical source opinions and provide adequate rationale for either accepting or rejecting these opinions; further evaluate Plaintiff's impairments; further evaluate Plaintiff's residual function capacity; obtain testimony from a medical expert to review Plaintiff's record and to determine if Plaintiff became disabled prior to January 19, 2010; and obtain supplemental vocational expert testimony.

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.

ORDER

Pursuant to stipulation, it is so ordered.


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