Sloan v. Colvin
Filing
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ORDER granting 14 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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CARLOS SLOAN,
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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.
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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. 14).
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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, pursuant
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to sentence four of 42 U.S.C. § 405(g).
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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 for further administrative proceedings. On remand, the
3 administrative law judge will:
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•
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Update and re-evaluate the medical evidence, including the opinions by James Bruckner
M.D, and the NW Center for Integrative Medicine.
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Re-evaluate the claimant’s symptom testimony and residual functional capacity.
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Re-evaluate the claimant’s ability to perform other work, obtaining vocational expert
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testimony as warranted.
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Offer the claimant the opportunity for a de novo hearing, take further action to complete
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the administrative record, resolving the above issues, and issue a new decision.
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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.
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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.
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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).
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Dated this 4th day of January, 2017.
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A
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J. Richard Creatura
United States Magistrate Judge
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ORDER GRANTING STIPULATED MOTION TO
REMAND - 2
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