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Reynolds v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


October 1, 2009

DAVID JAMES REYNOLDS, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C § 405(g)

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that the above-referenced case be remanded to the Commissioner of Social Security for further administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).

On remand, the Appeals Council will instruct the Administrative Law Judge to take the following action:

1) Reevaluate Plaintiff's credibility and the credibility of the lay witness;

2) Otherwise develop the record as needed, including review of any updated medical records provided.

Dated: September 30, 2009

ORDER

Upon review, the stipulation to remand is GRANTED and the action is REMANDED to the Commissioner. The Clerk is ordered to ENTER JUDGMENT IN FAVOR of Plaintiff David James Reynolds and against Defendant Michael J. Astrue. On remand, the Appeals Counsel shall instruct the Administrative Law Judge to take the following action

1) Reevaluate Plaintiff's credibility and the credibility of the lay witness;

2) Otherwise develop the record as needed, including review of any updated medical records provided.

IT IS SO ORDERED.

20091001

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