Sloan v. Colvin

Filing 15

ORDER granting 14 Stipulated Motion to Remand by Judge J Richard Creatura.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 CARLOS SLOAN, 11 12 13 14 15 Plaintiff, CASE NO. 2:16-cv-01327 JRC ORDER GRANTING STIPULATED MOTION TO REMAND v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. 16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 17 Magistrate Judge Rule MJR 13. (See also Notice of Initial Assignment to a U.S. Magistrate 18 Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, 19 Dkt. 6). This matter is before the Court on defendant’s stipulated motion to remand the matter to 20 the Acting Commissioner for further consideration (Dkt. 14). 21 After reviewing defendant’s stipulated motion and the remaining record, the Court grants 22 defendant’s motion, and reverses and remands this matter to the Acting Commissioner, pursuant 23 to sentence four of 42 U.S.C. § 405(g). 24 ORDER GRANTING STIPULATED MOTION TO REMAND - 1 1 Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned 2 case be REVERSED and REMANDED for further administrative proceedings. On remand, the 3 administrative law judge will: 4 • 5 Update and re-evaluate the medical evidence, including the opinions by James Bruckner M.D, and the NW Center for Integrative Medicine. 6 • Re-evaluate the claimant’s symptom testimony and residual functional capacity. 7 • Re-evaluate the claimant’s ability to perform other work, obtaining vocational expert 8 9 testimony as warranted. • Offer the claimant the opportunity for a de novo hearing, take further action to complete 10 the administrative record, resolving the above issues, and issue a new decision. 11 The ALJ will take any other actions necessary to develop the record. Plaintiff may 12 submit additional evidence and arguments to the ALJ on remand. 13 This case is reversed and remanded on the above grounds pursuant to sentence four of 42 14 U.S.C. § 405(g), and plaintiff is entitled to reasonable attorney’s fees, expenses and costs 15 pursuant to 28 U.S.C. § 2412(d), following proper request to this Court. 16 Given the facts and the parties’ stipulation, the Court hereby orders that the case be 17 REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). 18 Dated this 4th day of January, 2017. 19 A 20 J. Richard Creatura United States Magistrate Judge 21 22 23 24 ORDER GRANTING STIPULATED MOTION TO REMAND - 2

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