United States District Court, N.D. California
January 28, 2004.
PAULETTE G. APOSTOLO, Plaintiff,
JO ANNE 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 42 U.S.C. § 1383(c)(3)
and sentence four of 42 U.S.C. § 405(g) for further administrative
Upon remand, the administrative law judge ("ALJ") will hold a new
hearing at which he will obtain testimony from a medical expert
concerning the Plaintiff's proper onset date of disability in accordance
with Social Security Ruling 83-20 and Armstrong v. Commissioner of
the Social Security Administration, 160 F.3d 587 (9th Cir. 1998).
The ALJ shall also evaluate Plaintiff's credibility in accordance with
applicable regulations and Ninth Circuit case law. The ALJ will undertake
additional development the ALJ deems appropriate, and issue a new
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.
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