Whitehead v. Colvin

Filing 16

ORDER GRANTING ECF No. 15 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g). ECF No. 14 Motion for Summary Judgment is STRICKEN AS MOOT. Case remanded to Commissioner of Social Security for further administrative proceedings. CLOSE FILE. Signed by Magistrate Judge John T. Rodgers. (TR, Intake Clerk)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Mar 23, 2015

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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TIMOTHY WHITEHEAD,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Commissioner of Social Security,

No. 2:14-CV-0350-JTR
ORDER GRANTING STIPULATED
MOTION FOR REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)

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Defendant.

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BEFORE THE COURT is the parties’ stipulated Motion for Remand of

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the above-captioned matter to the Commissioner for additional administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 15.

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Attorney Christopher Dellert represents Plaintiff; Special Assistant United States

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Attorney Christopher John Brackett represents Defendant. The parties have

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consented to proceed before a magistrate judge. ECF No. 6. After considering the

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file, and proposed order, IT IS ORDERED:

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1.

The parties’ Stipulated Motion For Remand, ECF No. 15, is

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GRANTED. The above-captioned case is REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g).

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On remand, the administrative law judge (ALJ) shall hold a new hearing

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and: (1) re-evaluate the medical source opinions, reassess Plaintiff’s residual

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functional capacity, and provide rationale, supported by substantial evidence, for

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the limitations the ALJ assesses; (2) if the evidence of record is not adequate for a
ORDER GRANTING STIPULATED MOTION FOR REMAND . . . - 1

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proper disability determination, develop the record by re-contacting medical

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sources for further information regarding Plaintiff’s functional capacity; (3) obtain

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testimony from a medical expert to assist with determining if Plaintiff is disabled

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and when Plaintiff’s disability began; and (4) further evaluate steps four and five of

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the sequential evaluation process with the assistance of a vocational expert.

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Plaintiff may raise any issue and submit additional evidence in support of his

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claim.

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2.

Judgment shall be entered for PLAINTIFF.

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3.

Plaintiff’s Motion for Summary Judgment, ECF No. 14, is

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STRICKEN AS MOOT.

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4.

An application for attorney fees may be filed by separate motion.

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The District Court Executive is directed to enter this Order, forward copies

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to counsel, and CLOSE THE FILE.

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DATED March 23, 2015.

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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING STIPULATED MOTION FOR REMAND . . . - 2