Opinion
CIVIL NO. 03-01377 SC
October 23, 2003
KEVIN V. RYAN, United States Attorney, JOANN M. SWANSON, Assistant United States Attorney Chief, Civil Division, ALEX G.TSE, Assistant United States Attorney San Francisco, California, for Defendant
HARVEY P. SACKETT, for Plaintiff
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).
On remand, the Administrative Law Judge (ALJ) should:
1). Obtain updated medical evidence;
2). Reconsider the claimant's credibility and if he rejects it, provide specific and legitimate reasons pursuant to SSR 96-7p;
3). Clearly delineate and incorporate any nonexertional restrictions that are supported by the record into the claimant's residual functional capacity;
4). Obtain supplemental vocational expert testimony in order to clarify whether the claimant could perform her past relevant work or has transferable skills and could do other work given her non-exertional limitations once adequately specified; and
5). Otherwise develop the record as necessary.
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 proceedings.