United States District Court, N.D. California
March 4, 2004.
FRANCES EMERSON, Plaintiff,
JO ANNE B. BARNHART, Commissioner of Social Security, Defendant
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
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.
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.
On remand, the Administrative Law Judge (ALJ) will be directed to
further consider the opinion of the treating physician, consider all of
Plaintiffs impairments, and follow the procedures regarding subsequent
The Appeals Council shall issue a final order awarding benefits or
remanding the case to an ALJ for further proceedings consistent with this
order within a reasonable time, not to exceed 120 days, of entry of this
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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