United States District Court, N.D. California, San Francisco Division
June 25, 2004.
JODI BURKHART, 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
The claimant filed a new application dated July 3, 2001.
Computer records indicate that an Administrative Law Judge (ALJ)
issued a favorable decision. The Appeals Council will determine
whether a decision can be issued finding an earlier onset date or
whether a remand is necessary.
If a remand is necessary, the ALJ will further evaluate the
claimant's subjective complaints in accordance with Social
Security Ruling 96-7p and pertinent circuit law. The ALJ will
also consider the lay evidence (testimony of claimant's mother)
and provide germane reasons to explain the weight given to this
testimony. The ALJ must provide clear and convincing reasons to
explain the weight given to the claimant's statements. The claimant testified that
her pain interfered with her ability to work by preventing her
from lifting and carrying (Tr. 37-38). She stated the pain forced
her to take a rest break during the day (Tr. 39-40). The
vocational expert testified that the need for unscheduled rest
breaks would eliminate any work (Tr. 49-50). The claimant's
mother testified that when the claimant's pain increases, she
starts having major problems and it's pretty scary (Tr. 45).
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.
© 1992-2004 VersusLaw Inc.