United States District Court, N.D. California
April 27, 2004.
WILLIAM J. POWERS, Plaintiff,
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]
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.
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