Fast v. Colvin

Filing 17

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

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ERIC FAST,

Civil No. 2:16-CV-01255-RSM

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Plaintiff,
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vs.

ORDER REMANDING CASE

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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Based on the stipulation of the parties, it is hereby ORDERED that the Commissioner’s

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final decision be reversed and remanded for further proceedings pursuant to sentence four of 42

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U.S.C. § 405(g). Upon remand to the Acting Commissioner of Social Security, the Appeals

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Council will remand this case to an Administrative Law Judge to:

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1) Provide the claimant with an opportunity to submit additional evidence;

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2) Reconsider the claimant’s residual functional capacity, and in so doing,

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3) Further evaluate the medical opinion evidence from Joseph Jemsek, M.D., and Susan
Marra, M.S., N.D.;

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4) Seek supplemental vocational expert evidence, if warranted, to determine whether

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there are a significant number of jobs in the national economy that the claimant can

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perform;
5) Give the claimant an opportunity for a hearing; and

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ORDER - [2:16-CV-01255-RSM]

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6) Issue a new decision.
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This case is reversed and remanded on the above grounds pursuant to sentence four of 42
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U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiff’s application for
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attorney’s fees and costs under 28 U.S.C. §§ 1920 and 2412(d).
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DATED this 15th day of February, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
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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: [phone]
Fax: [phone]
[e-mail]

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ORDER - [2:16-CV-01255-RSM]