Smith v. Commissioner Social Security Administration

Filing 13

ORDER: Granting Stipulated Motion to Remand 12 . Signed on 5/13/2016 by Judge Michael J. McShane. (cp)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
SHERLE ANN SMITH,

Civil No. 3:15-CV-01524-MC

Plaintiff,

v.

ORDER FOR REMAND

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned
case be REVERSED and REMANDED for further administrative proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will instruct the
Administrative Law Judge (ALJ) to:
•

Reconsider claimant's mental impairments and account for any resulting limitations in the
residual functional capacity (RFC) finding or explain why no limitation is necessary;

•

Hold a new hearing to obtain supplemental vocational expert (VE) testimony in response to a
hypothetical question that accurately reflects claimant's limitations in the RFC;

•

Explore any potential conflicts between the VE's testimony and the Dictionary of
Occupational Titles (DOT) and, if a conflict exists, obtain a reasonable explanation from the
VE;

•

Reevaluate step five to determine whether jobs exist m the national economy for an
individual with claimant's RFC.
Plaintiff may submit additional evidence to the ALJ on remand, and the ALJ and Plaintiff

may raise and pursue additional issues on remand.
Upon proper application, Plaintiff shall be eligible for attorneys' fees under the Equal
Access to Justice Act, 24 U.S.C. § 2412 et seq.
Page 1 ORDER

IT IS SO ORDERED this

/

3

dayof

~

'2016.

"---- /L~-...
United States District Judge
Michael J. McShane

Page 2 ORDER