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POWERS v. BARNHART

United States District Court, N.D. California


April 27, 2004.

WILLIAM J. POWERS, Plaintiff,
v.
JO ANNE B. BARNHART, Commissioner of Social Security, Defendant

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

  On remand, the Administrative Law Judge (ALJ) shall re-evaluate the examining medical source opinion of Thurman Wheeler, M.D. with respect to the "bending" and "stooping" restrictions indicated, and if rejecting, the ALJ shall provide proper reasons for rejection.

  If warranted, the ALJ shall also recontact the examining source to re-state postural restrictions in terms consistent with the definitions in 20 C.F.R. § 416.969a and Social Security Rulings 96-9p and 83-10 and/or obtain supplemental evidence from a vocational expert to clarify the assessed limitations on the claimant's occupational base.

  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. [PROPOSED] 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.

20040427

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