Parla v. Astrue
| Decision Date | 01 August 2012 |
| Docket Number | CASE NO. 4:12-cv-00373-CW |
| Parties | NICOLE PARLA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant. |
| Court | U.S. District Court — Northern District of California |
United States Attorney
Acting Regional Chief Counsel, Region IX
Social Security Administration
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER
FOR REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g), AND REQUEST
FOR ENTRY OF JUDGMENT FOR
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 Administrative Law Judge (ALJ), will reconsider the medical evidence and reevaluate the Plaintiff's residual functional capacity without reference to consultative examiner Dr. Bunsri T. Sophon's opinion, and if necessary, order a new consultative examination or medical expert testimony. The ALJ will also associate the prior claim file with this claim, inquire as to the Plaintiff's alleged onset date, and if necessary, apply the medical improvement standard set forth by 20 C.F.R. § 404.1594.
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,
By: Katherine Siegfried
[as e-authorized via email]
KATHERINE SIEGFRIED,
Attorney for Plaintiff
MELINDA L. HAAG
United States Attorney
By: _________
DAVID LERCH
Special Assistant United States Attorney
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED:
________________________
THE HONORABLE CLAUDIA WILKEN
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