Rothwell v. Barnhart

Filing 11

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

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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)

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