Opinion
CIVIL NO. 03-05406 CRB
March 15, 2004
KEVIN V. RYAN, JOANN M. SWANSON, SARA WINSLOW, San Francisco, California, for Defendant
MATTHEW L. HOWARD, 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 purpose of the remand is to offer Plaintiff a new Administrative Law Judge (ALJ) hearing and decision.
Upon remand, the Administrative Law Judge (ALJ) will:
1. Assess Plaintiff's past relevant work in accordance with SSR 82-62 and Pinto v. Massanari, 249 F.3d 840, 845 (9th Cir. 2001).
2. Make more specific findings regarding Plaintiff's Residual Functional Capacity (RFC).
3. Evaluate the opinions expressed by Plaintiff's treating physicians, especially those expressed in the letters submitted by Dr. Pablo Cortina and Dr. Milan Hopkins.
4. Re-evaluate Plaintiff's subjective complaints as well as her credibility.
5. Develop the record to assure that Plaintiff's interests are considered in regard to her making an appropriate election to waive representation.
6. Obtain the testimony of a VE if warranted.
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.