Opinion
CIVIL NO. 02-05873 SI.
June 17, 2003.
James Hunt Miller, Attorney for Plaintiff.
Alex G. Tse, Assistant United States Attorney, Kevin V. Ryan, United States Attorney, Joann M. Swanson, Assistant United States Attorney, Attorneys for Defendants.
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.
On remand, the Appeals Council will remand this matter to an Administrative Law Judge (ALJ) to address the work status reports completed by Dr. Francis covering the period from January 16, 2001 through July 18, 2002. The ALJ shall also re-evaluate Plaintiffs residual functional capacity, specifically addressing Plaintiffs pushing, pulling and overhead limitations. If appropriate, the ALJ shall also obtain vocational expert evidence to determine the effect of Plaintiff s limitations
PURSUANT TO STIPULATION, IT IS SO ORDERED that this action is reversed and remanded, pursuant to sentence four of U.S.C. § 405(g), to the Commissioner for further proceedings.
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.