Opinion
No. CV-08-0373-JPH.
July 20, 2009
ORDER GRANTING STIPULATED MOTION FOR REMAND
The parties have filed a stipulated motion for remand of this case to the Commissioner for further administrative proceedings. ( Ct. Rec. 18). The parties have filed a consent to proceed before a magistrate judge. (Ct. Rec. 7).
After considering the stipulation, IT IS ORDERED that the above-captioned case be remanded for a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Administrative Law Judge will: (1) consider the opinions of Kathy Jamieson-Turner, M.S. (Tr. 291-297) and the ALJ will give further consideration to plaintiff's ability to do past relevant work and, if necessary, his ability to do other work. This remand is pursuant to sentence four of 42 U.S.C. § 405(g) with a remand of the cause to the Commissioner for further proceedings. See, Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Accordingly, this court reverses the Commissioner's decision.
IT IS FURTHER ORDERED:
1. The parties' stipulated motion for an order of remand ( Ct. Rec. 18) is G RANTED.
2. Judgment shall be entered for the PLAINTIFF.
3. An application for attorney fees and costs may be filed by separate motion.
4. The District Court Executive is directed to enter this Order, forward copies to counsel, and close this file.
IT IS SO ORDERED.