Opinion
CIVIL NO. 03-05185 SI
April 27, 2004
KEVIN V. RYAN, JOANN M. SWANSON, San Francisco, California, for Defendant
TONY ARJO, for Plaintiff
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.
On remand, the administrative law judge (ALJ) will be instructed to evaluate the treating source opinion of Dr. Noori (Tr. 270).
PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is reversed and remanded, pursuant to sentence four of 42 U.S.C. § 405(g), to the Commissioner for further proceedings.
[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.