Opinion
CIVIL NO. 02-04163 SC.
June 2, 2003.
Kelly Dunn, Attorney for Plaintiff.
Kevin v. Ryan, United States Attorney, Alex G. Tse, Assistant United States Attorney, San Francisco, California, Attorneys for Defendants.
STIPULATION AND ORDER OR 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) will evaluate Plaintiffs increased disability rating from the Veterans Administration (VA) in accordance withMcCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002). The ALJ should develop the record to determine why Plaintiffs rating was increased by the VA and provide appropriate rationale for the weight given to this opinion evicence. The ALJ shall obtain supplemental vocational evidence because the D.O.T. code cited by the ALJ and provided to him by the vocational expert does not appear to exist. The ALJ will update the record, undertake any additional development the ALJ
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.