Matthews v. Commissioner Social Security Administration

Filing 24

OPINION AND ORDER. The Stipulated Motion for Remand (ECF # 23 ) is GRANTED. Accordingly, the Commissioner's decision is reversed and this case is remanded to the Commissioner of the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings and a new decision, as set forth above. Signed on 11/23/2016 by Magistrate Judge Youlee Yim You. (pvh)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION

BRENDA MATTHEWS,
Plaintiff,
6:16-CV-00067-YY
v.
OPINION AND ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

YOU, Magistrate Judge:
Plaintiff, Brenda Matthews, seeks reversal of the Social Security Commissioner’s
final decision denying her application for Disability Insurance Benefits under Title II of the
Social Security Act, 42 U.S.C. § 401-33. This court has jurisdiction under 42 U.S.C. §
405(g). All parties consented to entry of final judgment by a Magistrate Judge in
accordance with FRCP 73 and 28 U.S.C. § 636(c). ECF #9.
The parties have submitted a Stipulated Motion for Remand (ECF #23). Based on
the parties’ stipulation, the Commissioner’s final decision is reversed and this case is
remanded to the Commissioner of the Social Security Administration for further

1 – OPINION AND ORDER

proceedings and a new decision with respect to Plaintiff’s application for disability
insurance benefits under Title II of the Social Security Act.
On remand, the Commissioner shall:
1. Affirm the finding of disability as of February 1, 2014, the date the claimant
turned age 55 and became disabled under Medical-Vocational Rule 202.02.
2. With respect to the period prior to February 1, 2014:
a. Develop the record as necessary and hold a de novo hearing;
b. Re-evaluate the opinion evidence and, if warranted, obtain evidence from a
psychological expert;
c. Re-evaluate the claimant’s alleged subjective complaints and symptoms;
d. Evaluate the lay witness evidence;
e. Re-assess the claimant’s residual functional capacity;
f. If warranted, obtain evidence from a vocational expert to clarify the effect of the
assessed limitations on the occupational base; and
g. Issue a new decision.
Plaintiff shall be entitled to move for reasonable attorney fees and costs, pursuant to
28 U.S.C. § 2412(d).
ORDER
The Stipulated Motion for Remand (ECF #23) is GRANTED. Accordingly, the
Commissioner’s decision is reversed and this case is remanded to the Commissioner of the
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2 – OPINION AND ORDER

Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings and a new decision, as set forth above.
DATED November 23, 2016.

/s/Youlee Yim You
Youlee Yim You
United States Magistrate Judge

3 – OPINION AND ORDER