Opinion
CIVIL NO. 02-02730 EMC
January 22, 2003
KEVIN V. RYAN, JOCELYN BURTON, ALEX TSE, San Francisco, California, Attorneys for Defendant.
Dennis J. Thornton, Attorney for Plaintiff.
[PROPOSED] JUDGMENT
IT IS HEREBY ADJUDGED that the agency's final decision is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). The Commissioner of Social Security shall assume jurisdiction to conduct further administrative proceedings as set forth in the parties' Stipulation of Remand, filed herein. This constitutes a final judgment under Fed.R.Civ.Proc. 58.
STIPULATION AND ORDER OF REMAND
IT IS HEREBY STIPULATED by the undersigned for the respective parties, subject to the approval of the Court, that this action be remanded to the defendant Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.
Upon remand, the Administrative Law Judge (ALJ) will be directed to obtain medical expert testimony as to the nature, severity and limiting effects of Plaintiff's impairments on or before December 31, 1985 and, as needed, whether Plaintiff has been continuously disabled since that time.
The ALJ will evaluate medical opinion evidence and indicate the weight given and reasons for that weight.
PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is remanded, pursuant to sentence four of 42 U.S.C. § 405(g). to the Commissioner for further proceedings.