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BERTOLUCCI v. BARNHART

United States District Court, Northern District of California, San Francisco Division


April 7, 2003

BORIS BERTOLUCCI, PLAINTIFF
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT

The opinion of the court was delivered by: James Larson, United States Magistrate Judge

STIPULATION AND ORDER OF REMAND

IT IS HEREBY STIPULATED by the undersigned for the respective parties, subject to the approval of the Court, that the administrative law judge (ALJ) decision be vacated and this action be remanded to the defendant Commissioner pursuant to sentence four of 42 U.S.C Section 405(g) for further administrative proceedings. The purpose of the remand is to offer Plaintiff a new ALJ hearing and decision.

Upon remand, the Appeals Council will direct the ALJ to recontact treating physicians to obtain supporting clinical and lab results; reassess the severity of Plaintiff's cluster headaches, depression and anxiety; reassess Plaintiff's and lay witnesses' credibility; consider the need for vocational expert evidence.

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.

20030407

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