Horton v. Astrue

Filing 13

ORDER FOR REMAND - this case is reversed and remanded for a de novo hearing and further administrative proceedings by Judge Carolyn R. Dimmick. (RS)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 including but not limited to the following: the administrative law judge will re-assess and clarify the Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be reversed and remanded for a de novo hearing and further administrative proceedings, MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant STEVEN HORTON, Plaintiff, vs. ORDER FOR REMAND Civil No. 2:08-CV-1692-CRD UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 23 findings regarding Plaintiff's medical impairments, including the right knee impairment; re-evaluate 24 whether Plaintiff can perform his past relevant work, and; if necessary, continue to 25 26 27 28 Page 1 ORDER - [2:08-CV-1692-CRD] 1 step 5 of the sequential evaluation process and obtain vocational expert testimony to determine 2 3 the jobs identified and the occupational evidence provided. 4 5 This remand is pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper whether Plaintiff can perform other jobs in the national economy and resolve any conflicts between 6 presentation, this Court will consider Plaintiff's application for costs and attorney's fees under 7 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b). 8 9 10 11 12 13 14 15 16 17 Presented by: DATED this 13th day of April, 2009. A Carolyn R. Dimmick United States District Judge 18 s/ THOMAS M. ELSBERRY Special Assistant U.S. Attorney 19 Office of the General Counsel 701 Fifth Ave, Ste 2900 20 Seattle, WA 98104 21 Phone: (206) 615-2112 Fax: (206)615-2531 22 thomas.elsberry@ssa.gov 23 24 25 26 27 28 Page 2 ORDER - [2:08-CV-1692-CRD]

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