STAUDENMAIER v. BARNHART

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 Page 2 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. Page 3

  [EDITORS' NOTE: THIS PAGE CONTAINED CERTIFICATE OF SERVICE.] Page 4

  JUDGMENT

  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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