Opinion
No. CV-08-0246-CI.
April 30, 2009
ORDER GRANTING STIPULATED MOTION TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g)
BEFORE THE COURT is the parties' Stipulated Motion to Remand the above-captioned matter to the Commissioner for additional administrative proceedings. (Ct. Rec. 18.) The parties have consented to proceed before a magistrate judge. (Ct. Rec. 8.) After considering the stipulation of the parties,
IT IS ORDERED:
1. The parties' Stipulated Motion to Remand (Ct. Rec. 18) is GRANTED. The above-captioned case shall be 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 conduct a de novo hearing, re-evaluate the medical opinions of record, including the opinions of Dr. Zwartz and Dr. Orvald; reconsider the severity of Plaintiff's impairments, including sleep apnea, obesity, and ability to walk without crutches; reassess Plaintiff's RFC; and as necessary, obtain medical expert and vocational expert testimony.
2. Judgment shall be entered for the PLAINTIFF.
3. An application for attorney fees may be filed by separate motion.
4. Plaintiff's Motion for Summary Judgment ( Ct. Rec. 13) is STRICKEN as moot.
The District Court Executive is directed to enter this Order, forward copies to counsel, and thereafter shall close this file.