Opinion
CIVIL NO. 01-04198 SC
September 20, 2002
R. MAUREEN CARDEN, for Plaintiff.
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, for Defendant.
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). The purpose of the remand is to offer Plaintiff a new Administrative Law Judge (ALJ) hearing and decision. On remand, the ALJ will be instructed to further evaluate the credibility of Plaintiff's subjective complaints pursuant to 20 C.F.R. § 404.1529 and Social Security Ruling 96-7p. The ALJ also will further consider the testimony of the lay witness; if the ALJ wishes to reject this testimony, he must give reasons germane to the witness.
Dated: 9/14/02 Mareen Carden _________________________ R. MAUREEN CARDEN Attorney for Plaintiff
KEVIN V. RYAN United States Attorney
Dated: 9/16/02 By: Alex G. Tse _________________________ ALEX G. TSE Assistant United States Attorney
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.