Harvey v. Berryhill

Filing 24

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

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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 ~ u2~_~ ~ ~ ~ ~_ ~ ;:1. SUSANP. WATTERS United States District Judge

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