Keener v. Commissioner of Social Security
ORDER granting 17 Motion for Remand. Signed by Senior Judge Robert H. Whaley. (VR, Courtroom Deputy)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
TIFFANY ANN KEENER,
ORDER GRANTING MOTION FOR
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. 17. 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 disability
benefits is REVERSED and REMANDED for further proceedings including a de
novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the
administrative law judge shall: (1) obtain a complete copy of the November 15,
2013, report of the examination by Frank Rosekrans, Ph.D., and the attachments
including the Personality Assessment Inventory profile and interpretation; (2)
obtain the X-rays and MRI report referenced in the November-December report
ORDER GRANTING MOTION FOR REMAND ~ 1
2013 report of the examination by William Shanks, M.D.; (3) reconsider the
medical opinions, particularly those of Dr. Rosekrans and Dr. Shanks, consistent
with 20 C.F.R. § 416.927; (4) reconsider Ms. Keener’s residual functional
capacity; (5) reconsider Ms. Keener’s subjective complaints; (6) if necessary,
obtain supplemental evidence from a vocational expert; and (7) offer Ms. Keener a
supplemental hearing. The ALJ shall also issue a new decision.
Accordingly, IT IS HEREBY ORDERED:
1. The parties’ Stipulated Motion for Remand, ECF No. 17, 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 5th day of October, 2017.
s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge
ORDER GRANTING MOTION FOR REMAND ~ 2
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