Tran v. Colvin

Filing 18

ORDER granting 17 Stipulated Motion to Remand under sentence four of 42 U.S.C. §405(g) - by Judge David W. Christel.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 HUNG V. TRAN, 11 12 13 14 15 Plaintiff, CASE NO. 2:16-cv-01375-DWC ORDER GRANTING STIPULATED MOTION FOR REMAND v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. 16 17 Presently before the Court is Defendant’s Stipulated Motion for Remand (“Motion”). 18 Dkt. 17. After reviewing the Motion and the relevant record, the Court orders the following: 19 Defendant’s Motion is granted and this Court hereby reverses the Commissioner’s 20 decision under sentence four of 42 U.S.C. §405(g) with a remand of the case to the 21 Commissioner for further proceedings. See, Melkonyan v. Sullivan, 501 U.S. 89 (1991). 22 It is ORDERED that the Commissioner’s decision in regard to Plaintiff’s application for 23 supplemental security income payments under Title XVI of the Social Security Act be 24 REVERSED and REMANDED to the Commissioner of Social Security for further ORDER GRANTING STIPULATED MOTION FOR REMAND - 1 1 administrative proceedings before an Administrative Law Judge, a de novo hearing, and a new 2 decision. 3 On remand, the ALJ will: 4 • Reevaluate the medical opinion evidence, including the opinion of Dr. McDuffee; and 5 • Reevaluate credibility, residual functional capacity, and step five findings, as 6 7 necessary. The parties agree that on proper motion to the Court, Plaintiff will be entitled to 8 reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 9 2412(d) and 42 U.S.C. § 406(b). 10 Dated this 19th day of April, 2017. A 11 12 David W. Christel United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

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