Lewis, Jr. v. Colvin

Filing 13

ORDER granting 12 Stipulated Motion to Remand by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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DAVID E. LEWIS, JR.,

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Plaintiff,

CASE NO. 2:15-cv-01202 JRC
ORDER GRANTING STIPULATED
MOTION TO REMAND

v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
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Magistrate Judge Rule MJR 13. (See also Notice of Initial Assignment to a U.S. Magistrate
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Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge,
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Dkt. 6) This matter is before the Court on defendant’s stipulated motion to remand the matter to
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the Acting Commissioner for further consideration (Dkt. 12).
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After reviewing defendant’s stipulated motion and the remaining record, the Court grants
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defendant’s motion, and reverses and remands this matter to the Acting Commissioner.
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ORDER GRANTING STIPULATED MOTION TO
REMAND - 1

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Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned

2 case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for
3 further administrative proceedings, including the opportunity for a de novo hearing. Following
4 remand, the Appeals Council will instruct the Administrative Law Judge to (1) update the
5 medical evidence of record; (2) reconsider the medical opinion evidence, including the opinions
6 of Drs. Hoerr and Cowden; (3) reconsider the credibility of the claimant’s subjective complaints;
7 (4) re-assess the claimant’s RFC; and (5) continue with the remaining steps of the sequential
8 evaluation as appropriate.
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This remand shall be made pursuant to sentence four of 42 U.S.C. § 405(g). Following

10 proper request to this Court, plaintiff shall be entitled to reasonable attorney fees, expenses, and
11 costs pursuant to 28 U.S.C. § 2412.
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Given the facts and the parties’ stipulation, the Court hereby orders that the case be

13 REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
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Dated this 26th day of January, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING STIPULATED MOTION TO
REMAND - 2