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WILSON v. BARNHART

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


June 2, 2003

JUNIUS WILSON, PLAINTIFF,
v.
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Samuel Conti, United States District Judge

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 with McCartey 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.

20030602

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