Powers v. Barnhart

Full title: WILLIAM J. POWERS, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of…

Court: United States District Court, N.D. California

Date published: Apr 27, 2004

CIVIL NO. 03-04877 SI (N.D. Cal. Apr. 27, 2004)

Opinion

CIVIL NO. 03-04877 SI

April 27, 2004

KEVIN V. RYAN, JOANN M. SWANSON, SARA WINSLOW, San Francisco, California, for Defendant

MATTHEW L. HOWARD, for Plaintiff

SARA WINSLOW, Assistant United States Attorney

STIPULATION AND ORDER OF REMAND

SUSAN ILLSTON, District Judge

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) shall re-evaluate the examining medical source opinion of Thurman Wheeler, M.D. with respect to the "bending" and "stooping" restrictions indicated, and if rejecting, the ALJ shall provide proper reasons for rejection.

If warranted, the ALJ shall also recontact the examining source to re-state postural restrictions in terms consistent with the definitions in 20 C.F.R. § 416.969a and Social Security Rulings 96-9p and 83-10 and/or obtain supplemental evidence from a vocational expert to clarify the assessed limitations on the claimant's occupational base.

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.