United States District Court, N.D. California
January 9, 2004.
GEORGE STAUDENMAIER, Plaintiff,
JO ANNE B. BARNHART, Commissioner of Social Security, Defendant
The opinion of the court was delivered by: MAXINE CHESNEY, District 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 this action be
remanded to the defendant Commissioner pursuant to sentence four of
42 U.S.C. § 405(g) for further administrative proceedings.
Upon remand, the ALJ will re-evalaute all the medical sources of
record, including the opinion of Dr. Belzer, a treating physician. The
ALJ will also properly evaluate the credibility of Plaintiff's subjective
complaints, taking into consideration the relevant factors enumerated in
the rulings, regulations, and case law. If the ALJ can point to no
affirmative evidence of malingering, he
must give clear and convincing reasons for rejecting the claimant's
subjective complaints. Smolen v. Chater, 80 F.3d 1273, 1283-84
(9th Cir. 1996) 80 F.3d at 1283-84. Finally, the ALJ will hold a new
hearing, update the record as necessary, and issue a new decision.
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.
[EDITORS' NOTE: THIS PAGE CONTAINED CERTIFICATE OF SERVICE.]
IT IS HEREBY ADJUDGED that the agency's final decision is reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g). The
Commissioner of Social Security shall assume jurisdiction to conduct
further administrative proceedings as set forth in the parties'
Stipulation of Remand, filed herein. This constitutes a final judgment
under Fed.R.Civ.Proc. 58.
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