Fast v. Colvin

Filing 17

ORDER granting 16 Stipulated Motion to Remand Case by Judge Ricardo S Martinez.(RS)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SEATTLE DIVISION 5 6 ERIC FAST, Civil No. 2:16-CV-01255-RSM 7 Plaintiff, 8 vs. ORDER REMANDING CASE 9 10 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 11 Defendant. 12 Based on the stipulation of the parties, it is hereby ORDERED that the Commissioner’s 13 final decision be reversed and remanded for further proceedings pursuant to sentence four of 42 14 U.S.C. § 405(g). Upon remand to the Acting Commissioner of Social Security, the Appeals 15 Council will remand this case to an Administrative Law Judge to: 16 1) Provide the claimant with an opportunity to submit additional evidence; 17 2) Reconsider the claimant’s residual functional capacity, and in so doing, 18 3) Further evaluate the medical opinion evidence from Joseph Jemsek, M.D., and Susan Marra, M.S., N.D.; 19 4) Seek supplemental vocational expert evidence, if warranted, to determine whether 20 21 there are a significant number of jobs in the national economy that the claimant can 22 perform; 5) Give the claimant an opportunity for a hearing; and 23 Page 1 ORDER - [2:16-CV-01255-RSM] 1 6) Issue a new decision. 2 This case is reversed and remanded on the above grounds pursuant to sentence four of 42 3 U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiff’s application for 4 attorney’s fees and costs under 28 U.S.C. §§ 1920 and 2412(d). 5 DATED this 15th day of February, 2017. 6 7 8 A 9 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 10 11 Presented by: 12 13 14 15 16 17 s/ Brett E. Eckelberg BRETT E. ECKELBERG Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-3748 Fax: (206) 615-2531 18 19 20 21 22 23 Page 2 ORDER - [2:16-CV-01255-RSM]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?