Opinion
CIVIL NO. 01-02191 WHA
January 23, 2003
KEVIN V. RYAN, United States Attorney, JOCELYN BURTON, Assistant United States Attorney Chief, Civil Division, ALEX G. TSE, Assistant United States Attorney, San Francisco, California, Attorneys for Defendant.
CRISOSTOMO IBARRA, Attorney 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. The prior decision of the Administrative Law Judge is vacated. The purpose of the remand is to offer Claimant a new hearing and decision.
Upon remand, the Administrative Law Judge (ALJ) will consider the evidence that was never addressed or included in the transcript and the subsequent finding of disability. In addition, the ALJ will evaluate the medical source opinions included in the additional evidence that was considered by the Appeals Council (transcript, pages 307-351).
The Appeals Council also notes that there is a question of whether the claimant should be deemed to have filed an application for a period of disability and disability insurance benefits in November 1997 when her first application for supplemental security income was filed. The record is not clear whether the claimant's earnings record was obtained and whether she was advised that she met the earnings requirement at that time. The Council will direct the ALJ to address that issue if applicable. Further, the claimant's application for disabled widow's benefits on the record of her deceased spouse Yousef Shair has never been adjudicated. The ALJ will be directed to escalate that application and rule on all the combined claims.
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.