Keener v. Commissioner of Social Security

Filing 18

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

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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

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