Opinion
CIVIL NO. 03-03215 SI
December 29, 2003
Matthew L. Howard, Attorney for Plaintiff
Kevin V. Ryan, United States Attorney
Sara Winslow, Assistant United States Attorney
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. The purpose of the remand is to offer Plaintiff a new Administrative Law Judge (ALJ) hearing and decision.
Upon remand, the ALJ will
1). Reevaluate Plaintiffs credibility pursuant to Social Security Ruling 96-7p;
2). Address the credibility of Judy Howard's testimony; and,
3). Determine what weight should be given to the opinion of Dr. Schwartz.
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.