Wagner v. Commissioner of Social Security

Filing 17

ORDER Granting 16 Stipulated Motion for Remand. Signed by Senior Judge Robert H. Whaley. (PL, Case Administrator)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 9 10 APRIL WAGNER, Plaintiff, 12 No. 1:17-CV-03064-RHW v. 11 ORDER GRANTING STIPULATED MOTION FOR REMAND 13 14 15 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 16 Defendant. 17 18 Before the Court is a Stipulated Motion for Remand and jointly move the 19 Court to remand for further administrative proceedings. ECF No. 16. Based on the 20 agreement of the parties and the record, the Court finds good cause to grant the 21 motion. 22 The Commissioner’s decision to deny Plaintiff’s application for 23 Supplemental Security Income under Title XVI of the Social Security Act is 24 REVERSED and REMANDED for further proceedings pursuant to sentence four 25 of 42 U.S.C. § 405(g). If the Administrative Law Judge (“ALJ”) does not issue a 26 fully favorable ruling after remand, the ALJ will provide Ms. Wagner a de novo 27 hearing. Upon remand, the administrative law judge shall: (1) re-assess whether 28 Ms. Wagner meets Listing 12.05(C) at step three; (2) re-weigh the opinion of Dr. ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1 1 Billings; and (3) re-evaluate Ms. Wagner’s residual functional capacity and 2 proceed with steps four and five, obtaining vocational evidence, as necessary. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. The parties’ Stipulated Motion for Remand, ECF No. 16, is GRANTED. 5 2. The Commissioner’s decision is REVERSED and this matter is 6 REMANDED for further administrative proceedings consistent with this order. 7 3. All pending motions in this matter are now moot. 8 4. Reasonable attorney fees shall be awarded under the Equal Access to 9 10 11 12 13 14 Justice Act, 28 U.S.C. § 2412, upon proper request to the Court. 5. The District Court Executive shall enter judgment for the Plaintiff and against Defendant. IT IS SO ORDERED. The District Court Executive is directed to enter this Order, forward copies to counsel, and close the file. DATED this 6th day of November, 2017. 15 16 17 s/Robert H. Whaley ROBERT H. WHALEY Senior United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2

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