Desharnais v. Astrue

Filing 28

ORDER by Judge Thomas S. Zilly. The Court MODIFIES and ADOPTS the Report and Recommendation. This matter is REMANDED pursuant to sentence six of 42 U.S.C. § 405(g). (CL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 ANDY JOSEPH DESHARNAIS,
Plaintiff,

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v.

Case No. C11-783-TSZ-BAT
ORDER ON REMAND

11 MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration
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Defendant.
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The Court, having reviewed the Report and Recommendation of the Honorable Brian A.
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Tsuchida, United States Magistrate Judge, docket no. 23, and the Commissioner’s Status Report
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dated December 2, 2011, docket no. 27, does hereby find and ORDER:
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(1)
The Court MODIFIES and ADOPTS the Report and Recommendation.
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(2)
This matter is REMANDED pursuant to sentence six of 42 U.S.C. § 405(g).
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(3)
On remand, plaintiff shall have an opportunity to supplement the record, and the
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Commissioner shall conduct additional appropriate proceedings.
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(4)
This Court will retain jurisdiction over the case pursuant to 42 U.S.C. § 405(g).
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If the Commissioner’s decision is again unfavorable to Mr. Desharnais, he may
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seek judicial review by reinstating this case, rather than filing a new complaint.
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ORDER ON REMAND - 1

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(5)

The Clerk is directed to send a copy of this Order to all counsel of record and to

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Magistrate Judge Tsuchida.

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DATED this 5th day of December, 2011.

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A

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Thomas S. Zilly
United States District Judge

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ORDER ON REMAND - 2