John v. Colvin

Filing 33

ORDER granting 32 Unopposed Motion to Remand signed by Judge J Richard Creatura. The Court orders that the case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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PATRICIA L. JOHN,
Plaintiff,

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CASE NO. 2:16-cv-01188 JRC
ORDER GRANTING UNOPPOSED
MOTION FOR REMAND

v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6.
This matter is before the Court on defendant’s unopposed motion to remand the matter to the
Acting Commissioner for further consideration. Dkt. 32.
IT IS HEREBY ORDERED THAT following consideration of defendant’s Unopposed
Motion for Remand, the Court hereby REVERSES the Commissioner’s decision in this matter

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ORDER GRANTING UNOPPOSED MOTION FOR
REMAND - 1

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and REMANDS the cause to the Acting Commissioner for further administrative proceedings

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and a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993).

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On remand, the Acting Commissioner will: credit as true the opinions of Henry Levin,

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M.D. and Vicki Derry, MSW; David Sandvik, M.D.; and Jerry Rusher, M.D. The Acting

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Commissioner will consider whether plaintiff’s substance use is a material factor contributing to

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her disability in light of these credited medical opinions. The Commissioner shall apply SSR 16-

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3p to any of the plaintiff’s testimony considered in making a new decision.

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Given the facts and the parties’ agreement, the Court hereby orders that the case be

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REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk is

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directed to enter judgment in accordance with Fed. R. Civ. P. 58, consistent with Shalala v.

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Schaefer, 509 U.S. 292, 296-302 (1993). The briefing schedule in this matter is vacated.

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Dated this 14th day of July, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING UNOPPOSED MOTION FOR
REMAND - 2