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EMERSON v. BARNHART

United States District Court, N.D. California


March 4, 2004.

FRANCES EMERSON, Plaintiff,
v.
JO ANNE B. BARNHART, Commissioner of Social Security, Defendant

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

[PROPOSED] JUDGEMENT
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 allowance cases. Page 2

  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 order.

  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.

20040304

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