Staudenmaier v. Barnhart

Full title: GEORGE STAUDENMAIER, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of…

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

Date published: Jan 9, 2004

CIVIL NO. 02-05932 MMC (N.D. Cal. Jan. 9, 2004)

Opinion

CIVIL NO. 02-05932 MMC

January 9, 2004

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

HARVEY P. SACKETT, San Jose, CA, for Plaintiff

STIPULATION AND ORDER OF REMAND

MAXINE CHESNEY, 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.

Upon remand, the ALJ will re-evalaute all the medical sources of record, including the opinion of Dr. Belzer, a treating physician. The ALJ will also properly evaluate the credibility of Plaintiff's subjective complaints, taking into consideration the relevant factors enumerated in the rulings, regulations, and case law. If the ALJ can point to no affirmative evidence of malingering, he must give clear and convincing reasons for rejecting the claimant's subjective complaints. Smolen v. Chater, 80 F.3d 1273, 1283-84 (9th Cir. 1996) 80 F.3d at 1283-84. Finally, the ALJ will hold a new hearing, update the record as necessary, and issue a new decision.

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.

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.