Hippler v. Commissioner Social Security Administration

Filing 28

Opinion and Order: The Commissioner's final decision is Reversed and this matter is Remanded under sentence four of 42.U.S.C. § 405(g) for further proceedings. Signed on 7/16/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DION WAYNE HIPPLER,

Plaintiff,

Civ. No. 6:14-cv-00853-MC
OPINION AND ORDER

V.

CAROLYNW. COLVIN,
Acting Commissioner of the Social Security
Administration,

Defendant.

MCSHANE, Judge:

Plaintiff Dion Hippler brings this action for judicial review of a final decision of the
Commissioner of Social Security denying his application for disability insurance benefits (DIB)
under Titles II ofthe Social Security Act. This Court has jurisdiction under 42 U.S.C. §§ 405(g)
and 1383(c)(3). The parties filed this stipulated motion to remand, ECF No. 27, seeking to
reverse the Commissioner's decision and remand for further proceedings. Stipulated Mot.
Remand 1-2, ECF No. 27. Based upon the parties' stipulation, this Court GRANTS the
stipulated motion to remand, ECF No. 27. The Commissioner's final decision is REVERSED
and this matter is REMANDED under sentence four 1 of 42 U.S.C. § 405(g) for further
proceedings. It is hereby ordered, upon remand:
1. The administrative law judge (ALJ) shall consider new evidence submitted
to the Appeals Council;
1

Sentence four provides: "[t]he court shall have power to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision the decision of the Commissioner of Social Security, with
or without remanding the cause for a rehearing." 42 U.S.C. § 405(g).

1 -OPINION AND ORDER

2. The ALJ shall evaluate plaintiffs mental impairments in accordance with
the special technique, 20 C.F .R. § 404.1520(a);

3. The ALJ shall reevaluate all of the medical opinion evidence and explain
the weight given to each opinion;
4. The ALJ shall reevaluate plaintiffs subjective complaints;
5. The ALJ shall reevaluate plaintiffs substance abuse in accordance with
SSR 13-2p;
6. The ALJ shall reevaluate plain6ff s residual functional capacity; and

7. The ALJ shall make new findings under step five of the sequential
evaluation, including obtaining supplemental vocational expert evidence.

IT IS SO ORDERED.

DATED this __j_f_ day of July, 2015.

L

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Michael J. McShane
United States District Judge

2- OPINION AND ORDER