Bailey v. Colvin
Filing
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ORDER Granting 18 Stipulated Motion for Remand. Case closed. Signed by Senior Judge Robert H. Whaley. (CV, Case Administrator)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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NIKKIA BAILEY, o/b/o JDB, a
minor child,
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Plaintiff,
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v.
No. 1:16-cv-03148-RHW
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ORDER GRANTING STIPULATED
MOTION FOR REMAND
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.
Before the Court is a Stipulated Motion for Remand and the parties jointly
move the Court to remand for further administrative proceedings. ECF No. 18.
Based on the agreement of the parties and the record, the Court finds good cause to
grant the motion.
The Commissioner’s decision to deny Plaintiff’s application for disability
benefits is REVERSED and REMANDED for further proceedings including a de
novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the
administrative law judge shall: (1) reassess Plaintiff’s impairments at Step Three;
(2) reevaluate all medical evidence of record, providing analysis related to the
weight given to each opinion; (3) if warranted, obtain assistance from a medical
ORDER GRANTING MOTION FOR REMAND ~ 1
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expert to determine whether Plaintiff’s impairments met or equaled the severity of
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all six domains; and (4) reevaluate allegations and subjective complaints.
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Accordingly, IT IS HEREBY ORDERED:
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1. The parties’ Stipulated Motion for Remand, ECF No. 18, is GRANTED.
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2. The Commissioner’s decision is REVERSED and this matter is
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REMANDED for further administrative proceedings consistent with this order.
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3. All pending motions in this matter are now moot.
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4. Reasonable attorney fees shall be awarded under the Equal Access to
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Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.
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5. Judgment shall be entered for Plaintiff and the file shall be CLOSED.
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IT IS SO ORDERED. The District Court Executive is directed to enter this
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Order, forward copies to counsel, and close the file.
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DATED this 26th day of April, 2017.
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s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge
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ORDER GRANTING MOTION FOR REMAND ~ 2
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