Rothwell v. Barnhart

Filing 11

Order on Motion for Summary Judgment, Order on Motion to Remand

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

RUDOLPH P. ROTHWELL JR.
Plaintiff,
Case No. F05-0012 CV (RRB)

vs.
JO ANNE B. BARNHART,
Commissioner of Social
Security,

ORDER RE MOTION FOR SUMMARY
JUDGMENT AND MOTION FOR REMAND

Defendant.

Before the Court is Plaintiff Rudolph P. Rothwell, Jr.
("Plaintiff") with a Motion for Summary Judgment (Docket No. 7) and
Defendant Jo Anne B. Barnhart, Commissioner of Social Security,
("Defendant") with a Motion for Remand (Docket No. 9).

Plaintiff

"argues that the [C]ourt should find Plaintiff disabled at step
four and remand only for consideration of disability at step five."
Clerk's Docket No. 9 at 3 (citation omitted)(emphasis added).
Defendant argues "remand for further consideration of Plaintiff's
past work and ability to do past work at step four [is more]
appropriate."

Id.

Defendant is correct.

ORDER RE MOTION FOR SUMMARY JUDGMENT
AND REMAND - 1
F05-0012 CV (RRB)

Having thoroughly reviewed the matter, the Court agrees
"that further administrative hearings are not only useful in this
case, but that they are necessary to resolve outstanding issues,
particularly

vocational

issues,

before

disability [at step five] can be made."

a

determination

of

Id. (citing Bunnell v.

Barnhart, 336 F.3d 1112, 1115-16 (9th Cir. 2003)(remanding for
further proceedings because of outstanding issues)). Consequently,
Plaintiff's Motion for Summary Judgment (Docket No. 7) is hereby
DENIED, and Defendant's Motion for Remand (Docket No. 9) is hereby
GRANTED.
ENTERED this 5th day of January, 2006.

/s/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER RE MOTION FOR SUMMARY JUDGMENT
AND REMAND - 2
F05-0012 CV (RRB)