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Krauss v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
Apr 19, 2012
CIVIL NO. 1:11-CV-01102-LJO-SKO (E.D. Cal. Apr. 19, 2012)

Opinion

CIVIL NO. 1:11-CV-01102-LJO-SKO

04-19-2012

JANET KRAUSS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

BENJAMIN B. WAGNER United States Attorney DONNA CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration BRENDA M. PULLIN Special Assistant United States Attorney Social Security Administration Attorneys for Defendant


BENJAMIN B. WAGNER

United States Attorney

DONNA CALVERT

Acting Regional Chief Counsel, Region IX

Social Security Administration

BRENDA M. PULLIN

Special Assistant United States Attorney

Social Security Administration

Attorneys for Defendant

STIPULATION AND PROPOSED ORDER OF VOLUNTARY REMAND AND

DISMISSAL OF CASE, WITH DIRECTIONS TO CLERK TO ENTER JUDGMENT

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).

Remand is needed for the Administrative Law Judge (ALJ) to assess the claimant's mental impairment. Upon remand, the Appeals Council will remand the case to an ALJ to assess the severity of the mental impairment; reevaluate step three of the sequential evaluation should this impairment be found severe; reevaluate the claimant's residual functional capacity assessment; and reassess steps four and five with the assistance of a vocational expert, if necessary.

It is further stipulated that the administrative decision is hereby vacated and that the Clerk of this Court shall be directed to enter a separate judgment herein, as provided for under Rules 58 and 79(a) of the Federal Rules of Civil Procedure, pursuant to Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993).

Respectfully submitted,

Sengthiene Bosavanh

(As authorized via e-mail)

SENGTHIENE BOSAVANH

Attorney for Plaintiff

BENJAMIN B. WAGNER

United States Attorney

______________

BRENDA M. PULLIN

Special Assistant U.S. Attorney

Attorneys for Defendant

ORDER

APPROVED AND SO ORDERED. IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE


Summaries of

Krauss v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
Apr 19, 2012
CIVIL NO. 1:11-CV-01102-LJO-SKO (E.D. Cal. Apr. 19, 2012)
Case details for

Krauss v. Astrue

Case Details

Full title:JANET KRAUSS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

Date published: Apr 19, 2012

Citations

CIVIL NO. 1:11-CV-01102-LJO-SKO (E.D. Cal. Apr. 19, 2012)