Barnes v. Colvin

Filing 15

ORDER: re 14 Stipulated Motion to Remand. Based on the stipulation of the parties, it is ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Magistrate Judge John Johnston on 11/22/2016. (ACC, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
TROY A. BARNES,

Civil No. 4:16-cv-00048-JTJ

Plaintiff,
vs.

ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Defendant.
Based on the stipulation of the parties, it is ORDERED that the case be
REVERSED and REMANDED for further administrative proceedings including a
de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an
administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new
hearing, further develop the record, and issue a new decision. The ALJ shall also:
 Reevaluate and weight the medical opinions of record and resolve any
conflicts among opinions, with reference to specific evidence of
record, in particular the opinions from Dr. Bateen, Dr. Paris, Dr.
Tillotson, and Dr. Stivers;
 if warranted, consider obtaining testimony from a medical expert;
 reconsider the VA disability determination;
 reevaluate Plaintiff’s allegations regarding symptoms and limitations;

 further evaluate Plaintiff’s residual functional capacity, and if
warranted, obtain supplemental testimony from a vocational expert.
The parties agree that reasonable attorney fees will be awarded under the
Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.
DATED this 22nd day of November, 2016.