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STUCK v. COLVIN, 1:13-CV-01615-BAM. (2014)

Court: District Court, E.D. California Number: infdco20140604a97 Visitors: 15
Filed: Jun. 03, 2014
Latest Update: Jun. 03, 2014
Summary: STIPULATION AND PROPOSED ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT BARBARA A. McAULIFFE, Magistrate Judge. IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record and with the approval of the Court, that this action be remanded to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g).
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STIPULATION AND PROPOSED ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT

BARBARA A. McAULIFFE, Magistrate Judge.

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record and with the approval of the Court, that this action be remanded to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Upon remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to further evaluate the medical source opinions of record, including the opinions of consultative examining psychologist, Kimball Hawkins, Ph.D., and non-examining State agency psychologist, Preston Davis, Psy.D. If the ALJ chooses to reject these opinions in whole or in part, the ALJ should explain his rationale. The ALJ should also further evaluate Plaintiff's credibility regarding his reported symptoms.

ORDER

Based on the Stipulation of the parties, this action is hereby remanded to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Upon remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to further evaluate the medical source opinions of record, including the opinions of consultative examining psychologist, Kimball Hawkins, Ph.D., and non-examining State agency psychologist, Preston Davis, Psy.D. If the ALJ chooses to reject these opinions in whole or in part, the ALJ should explain his rationale. The ALJ should also further evaluate Plaintiff's credibility regarding his reported symptoms.

IT IS SO ORDERED.

Source:  Leagle

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