Opinion
No. CV-09-03023-CI.
January 8, 2010
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. 29.) 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 for Remand (Ct. Rec. 29) 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 hold a de novo hearing and issue a new decision in which he shall: assess the severity of claimant's impairments; reassess the medical source opinion evidence and provide legally sufficient reasons for the weight given to each opinion; obtain medical expert testimony if warranted; assess lay witness testimony and, if rejecting the evidence, provide reasons germane to each witness; and comply with the HALLEX procedures concerning ALJ signatures. New medical evidence, if available, shall be considered on remand.
2. Judgment shall be entered for the PLAINTIFF.
3. Plaintiff's Motion for Summary Judgment ( Ct. Rec. 19) is stricken as moot.
4. 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.