Opinion
No. CV-09-079-CI.
October 5, 2009
ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
BEFORE THE COURT is the parties' Stipulated Motion for Remand of the above-captioned matter to the Commissioner for additional administrative proceedings. (Ct. Rec. 15.) The parties have consented to proceed before a magistrate judge. (Ct. Rec. 16.) After considering the stipulation of the parties,
IT IS ORDERED:
1. The parties' Stipulated Motion for Remand (Ct. Rec. 15) is GRANTED. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge (ALJ) will consider the additional evidence submitted by the claimant and further develop the record concerning the claimant's heart condition; will obtain medical expert testimony concerning the nature and severity of the claimant's impairment; will take any further action necessary to complete the administrative record; and will issue a new decision in this matter.
2. Judgment shall be entered for the PLAINTIFF.
3. Plaintiff's Motions for Submission of New Evidence (Ct. Rec. 11, 12) are dismissed as MOOT.
3. An application for attorney fees may be filed by separate motion.
The District Court Executive is directed to enter this Order, forward copies to counsel, and thereafter shall close this file.