Way v. Colvin

Filing 15

ORDER granting 14 Motion to Remand. Case remanded to Administrative Law Judge. Signed by Senior Judge Lonny R. Suko. (LR, Case Administrator)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF WASHINGTON

8
9
10

ALAN BERNARD WAY,

11

Plaintiff,

12

vs.

Civil No. 2:14-cv-00119-LRS

13
14

ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

15

Defendant.

16

Based upon the stipulation of the parties, it is hereby ORDERED that the

17
18

above-captioned case be remanded to the Commissioner of Social Security for
further administrative proceedings, including further development of the record, a

19

new hearing, and a new decision.
20

On remand, the Administrative Law Judge will: (1) further evaluate the

21
22

medical opinion evidence pursuant to 20 CFR § 416.927 and Social Security

23

Rulings (SSRs) 96-2p, 96-5p, and 96-6p; (2) evaluate Ms. Russell’s opinion
Page 1

ORDER - [2:14-cv-00119-LRS]

1

pursuant to 20 CFR § 416.913(d) and SSR 06-03p; (3) reevaluate the claimant’s
2
3

subjective complaints pursuant 20 CFR § 416.929 and SSR 96-7p; (4) reassess the

4

claimant’s residual functional capacity pursuant to 20 CFR § 416.945 and SSRs

5

85-16 and 96-8p; (5) and if warranted, obtain supplemental evidence from a

6

vocational expert evidence to clarify the effect of the assessed limitations on the

7

occupational base.

8

This case is reversed and remanded pursuant to sentence four of 42 U.S.C. §
9

405(g). Upon proper presentation, this Court will consider Plaintiff’s application
10
11
12

for costs, expenses, and reasonable attorney’s fees under the Equal Access to
Justice Act, 28 U.S.C. § 2412(a),(d).

13

DATED this

14th

day of October, 2014.

14

s/Lonny R. Suko
___________________________________
LONNY R. SUKO
SENIOR U. S. DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23

Presented by:
s/ Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
701 Fifth Avenue, Suite 2900 M/S 221A
Seattle, WA 98104-7075
Telephone: [phone]
Fax: [phone]
[e-mail]
Page 2

ORDER - [2:14-cv-00119-LRS]