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Reyes v. Barnhart

United States District Court, N.D. California
Dec 29, 2003
CIVIL NO. 03-03215 SI (N.D. Cal. Dec. 29, 2003)

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.


Summaries of

Reyes v. Barnhart

United States District Court, N.D. California
Dec 29, 2003
CIVIL NO. 03-03215 SI (N.D. Cal. Dec. 29, 2003)
Case details for

Reyes v. Barnhart

Case Details

Full title:RANDOLPH V. REYES, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of…

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

Date published: Dec 29, 2003

Citations

CIVIL NO. 03-03215 SI (N.D. Cal. Dec. 29, 2003)