Wilson v. Commissioner of Social Security

Filing 13

ORDER GRANTING PARTIES' STIPULATED MOTION FOR REMAND-JUDGMENT: REVERSED AND REMANDED-denying as moot 11 Motion for Summary Judgment; and granting 12 Motion to Remand. Case remanded to Social Security Administration. Signed by Senior Judge Edward F. Shea. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

DWAYNE A WILSON,

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Plaintiff,

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4:16-CV-05093-EFS

ORDER GRANTING PARTIES’
STIPULATED MOTION FOR REMAND

v.
COMMISSIONER OF SOCIAL SECURITY,

JUDGMENT: REVERSED AND REMANDED
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Defendant.

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Before

the

Court,

without

oral

argument,

is

the

parties’

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Stipulated Motion for Remand, ECF No. 12.

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Court

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section states in relevant part: “The court shall have power

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enter, upon the pleadings and transcript of the record, a judgment

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affirming, modifying, or reversing the decision of the Commissioner

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of

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rehearing.” 42 U.S.C. § 405(g).

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administrative

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following actions:

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to

Social

(1)

remand

the

Security,

“[T]he

case

with

proceedings,

pursuant

or

to

without

42

U.S.C.

remanding

§ 405(g).

the

cause

That
to

for

a

The parties seek remand for further

including,

administrative

The parties are asking the

law

but

judge

not

(the

limited

ALJ)

will

to,

the

further

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consider the medical source opinions of Wil Nelp, M.D. (Tr.

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47-58), Melvin Wahl, M.D., and Nurse Practitioner Desiree Ang

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(Tr.

622-625),

ORDER DISMISSING CASE - 1

William

Backlund,

M.D.

(Tr.

105-107),

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Guillermo Rubio, M.D. (Tr. 134-137), David Martinez, M.D.

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(Tr.

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Drenguis, M.D. (Tr. 426-430).”
(2)

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462-465,

468-469,

514-515,

516-518),

and

William

“[T]he ALJ will reassess Plaintiff’s subjective complaints;

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the ALJ will consider reconsider Lisa Schmidt’s statement

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(Tr. 305-312).”
(3)

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“[T]he ALJ will reevaluate Plaintiff’s residual functional

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capacity; and, if warranted, the ALJ will obtain vocational

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expert evidence.”

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ECF

No.

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The

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Court

finds

good

stipulated motion.

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1.

to

grant

the

parties’

Accordingly, IT IS HEREBY ORDERED:

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cause

The parties’ Stipulated Motion for Remand, ECF No. 12, is
GRANTED.

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2.

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Pursuant to 42 U.S.C. § 405(g), this case is REVERSED and

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REMANDED to the Social Security Administration for further

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proceedings consistent with the parties’ stipulation.

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3.

All pending motions are DENIED AS MOOT.

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4.

All hearings and other deadlines are STRICKEN.

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5.

JUDGMENT is to be entered in the Plaintiff’s favor.

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6.

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

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7.

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///

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//

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The case shall be CLOSED.

/

ORDER DISMISSING CASE - 2

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IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

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Judgment Order and provide copies to all counsel and to the Social

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Security Administration.

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DATED this

20th

day of March 2017.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2016\16-CV-5093;Wilson.Stip.Remand.LC1.docx

ORDER DISMISSING CASE - 3