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APOSTOLO v. BARNHART

United States District Court, N.D. California


January 28, 2004.

PAULETTE G. APOSTOLO, Plaintiff,
v.
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 proceedings.

  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 any Page 2 additional development the ALJ deems appropriate, 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.

20040128

© 1992-2004 VersusLaw Inc.



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