Keener v. Commissioner of Social Security

Filing 18

ORDER granting 17 Motion for Remand. Signed by Senior Judge Robert H. Whaley. (VR, Courtroom Deputy)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

9
10

TIFFANY ANN KEENER,

11

Plaintiff,

No. 2:16-cv-00437-RHW

v.

ORDER GRANTING MOTION FOR
REMAND

12
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. 17. 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 disability

23

benefits is REVERSED and REMANDED for further proceedings including a de

24

novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the

25

administrative law judge shall: (1) obtain a complete copy of the November 15,

26

2013, report of the examination by Frank Rosekrans, Ph.D., and the attachments

27

including the Personality Assessment Inventory profile and interpretation; (2)

28

obtain the X-rays and MRI report referenced in the November-December report
ORDER GRANTING MOTION FOR REMAND ~ 1

1

2013 report of the examination by William Shanks, M.D.; (3) reconsider the

2

medical opinions, particularly those of Dr. Rosekrans and Dr. Shanks, consistent

3

with 20 C.F.R. § 416.927; (4) reconsider Ms. Keener’s residual functional

4

capacity; (5) reconsider Ms. Keener’s subjective complaints; (6) if necessary,

5

obtain supplemental evidence from a vocational expert; and (7) offer Ms. Keener a

6

supplemental hearing. The ALJ shall also issue a new decision.

7

Accordingly, IT IS HEREBY ORDERED:

8

1. The parties’ Stipulated Motion for Remand, ECF No. 17, is GRANTED.

9

2. The Commissioner’s decision is REVERSED and this matter is

10

REMANDED for further administrative proceedings consistent with this order.

11

3. All pending motions in this matter are now moot.

12

4. Reasonable attorney fees shall be awarded under the Equal Access to

13
14
15
16

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

17

Order, forward copies to counsel, and close the file.

18

DATED this 5th day of October, 2017.

19
20
21

s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge

22
23
24
25
26
27
28
ORDER GRANTING MOTION FOR REMAND ~ 2