Wagner v. Commissioner of Social Security
ORDER Granting 16 Stipulated Motion for Remand. Signed by Senior Judge Robert H. Whaley. (PL, Case Administrator)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
ORDER GRANTING STIPULATED
MOTION FOR REMAND
NANCY A. BERRYHILL,
Acting Commissioner of Social
Before the Court is a Stipulated Motion for Remand and jointly move the
Court to remand for further administrative proceedings. ECF No. 16. Based on the
agreement of the parties and the record, the Court finds good cause to grant the
The Commissioner’s decision to deny Plaintiff’s application for
Supplemental Security Income under Title XVI of the Social Security Act is
REVERSED and REMANDED for further proceedings pursuant to sentence four
of 42 U.S.C. § 405(g). If the Administrative Law Judge (“ALJ”) does not issue a
fully favorable ruling after remand, the ALJ will provide Ms. Wagner a de novo
hearing. Upon remand, the administrative law judge shall: (1) re-assess whether
Ms. Wagner meets Listing 12.05(C) at step three; (2) re-weigh the opinion of Dr.
ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1
Billings; and (3) re-evaluate Ms. Wagner’s residual functional capacity and
proceed with steps four and five, obtaining vocational evidence, as necessary.
Accordingly, IT IS HEREBY ORDERED:
1. The parties’ Stipulated Motion for Remand, ECF No. 16, is GRANTED.
2. The Commissioner’s decision is REVERSED and this matter is
REMANDED for further administrative proceedings consistent with this order.
3. All pending motions in this matter are now moot.
4. Reasonable attorney fees shall be awarded under the Equal Access to
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
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.
s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge
ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2
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