Opinion
Civil No. 02-02011 CRB
November 21, 2002
Attorneys for Defendant: Kevin V. Ryan, Jocelyn Burton, Alex G. Tse, San Francisco, California
Attorney for Plaintiff: John C. Willbrand
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) for further administrative proceedings which will include directing the Administrative Law Judge (ALJ) to consider whether Plaintiff's mental and physical impairments, individually or in combination, are severe. In so doing, the ALJ will make specific findings, supported by the record. The ALJ will evaluate the medical opinion evidence of record, including the opinions of Drs. Ronald F. Johnson, B.W. Kilgore, Robert E. Lee, Derald Seid and Maire E. McAuliffe, MD. The ALJ will also obtain the assistance of a medical expert to clarify the nature and severity of Plaintiff's impairments.
Dated: 11/19/02 John C. Willbrand ____________________ JOHN C. WILLBRAND Attorney for Plaintiff
KEVIN V. RYAN UNITED STATES ATTORNEY
Dated: 11/20/02 Alex G. Tse BY: ____________________ 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 proccedings.
JUDGMENT
IT IS HEREBY ADJUDGED that the agency's final decision is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). The Commissioner of Social Security shall assume jurisdiction to conduct further administrative proceedings as set forth in the parties' Stipulation of Remand, filed herein. This constitutes a final judgment under Fed.R.Civ.Proc. 58.