Harvey v. Berryhill

Filing 24

ORDER granting 23 Motion to Remand. Signed by Judge Susan P. Watters on 11/13/2017. (EMH)

IL

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

NOV 13 2017
Clerk , u s District Court
District Of Montana

ALLISON L. HARVEY,

CV 17-22-BLG-SPW-TJC

Billings

Plaintiff,

ORDER
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.
The parties stipulate that the above-captioned case be reversed and
remanded to the Commissioner of Social Security ("Commissioner") for further
administrative proceedings and a new decision. Under sentence four of 42 U.S.C.
§ 450(g), this Court has the power "to enter upon the pleadings and transcript of
the record a judgment affirming, modifying, or reversing the decision of the
Commissioner, with or without remanding the cause for a rehearing." 42 U.S.C. §
405(g).
Upon remand, the Appeals counsel will first determine if the record supports
a finding of disability. If warranted, the Appeals Council will remand the case to
an Administrative Law Judge (ALJ) to reevaluate the claimant's mental
impairments and whether their severity meets or equals a mental impairment
listing, including listing 12.05; reevaluate claimant's subjective complaints in light

of the entire record; reconsider the medical and nonmedical opinions of record; if
warranted, reassess claimant's residual functional capacity; as needed, obtain
supplemental vocational evidence to reassess step 5; and issue a new decision. As
this case has been remanded before the same ALJ, the Appeals Council will
instruct that the case be reassigned to a different ALJ.
Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to the
Court.
DATED this 13th day ofNovem
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SUSANP. WATTERS
United States District Judge