Opinion
No. CV-08-300-CI.
July 30, 2009
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. 22.) The parties have consented to proceed before a magistrate judge. (Ct. Rec. 10.) After considering the stipulation of the parties,
IT IS ORDERED:
1. The parties' stipulated Motion for Remand (Ct. Rec. 22) 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 new hearing, further develop the record and issue a new decision. The ALJ will reevaluate and further develop the medical evidence or record; reevaluate Plaintiff's credibility pursuant to SSR 96-7p; reevaluate Plaintiff's RFC pursuant to SSR 96-8p; and reevaluate steps four and five of the sequential evaluation process with the assistance of a vocational expert, as necessary.
2. Judgment shall be entered for the PLAINTIFF.
3. Plaintiff's Motion for Summary Judgment (Ct. Rec. 16) is dismissed 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.