Barry v. Commissioner Social Security Administration

Filing 17

ORDER: Granting Stipulated Motion to Remand 16 . Signed on 9/21/2017 by Judge Michael J. McShane. (cp)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
TINA ROSEMARIE BARRY,

Civil No. 1:16-CV-02376-MC

Plaintiff,

v.

ORDER FOR REMAND

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
Based on the stipulation of the parties, it is ORDERED that the Commissioner's decision
in regard to Plaintiffs applications for disability insurance benefits and supplemental security
income payments under Titles II and XVI of the Social Security Act be REVERSED and
REMANDED to the Commissioner of Social Security for further administrative proceedings
including a de novo hearing and a new decision. The Administrative Law Judge will provide
Plaintiff an opportunity to update the record; hold a new hearing; give further consideration to
the medical source opinions and evidence; and in light of the former, give further consideration
to Plaintiffs subjective complaints and the lay witness statements, as needed.
This Court hereby reverses the Commissioner's decision under sentence four of 42
U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See

Melkonyan v. Sullivan, 501 U.S. 89 (1991).

__ __

IT IS SO ORDERED this __ _day of _ _
'L_<
S~---'r.___J
___ , 2017.

\

\._.._

UNITED STATES DISTRICT JUDGE
Page 1 ORDER- [1:16-CV-02376-MC]