Armstrong v. Colvin

Filing 24

ORDER granting 23 Stipulated Motion to Remand signed by Judge David W. Christel.(SH)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 STEVEN J. ARMSTRONG, 11 Plaintiff, 13 14 ORDER GRANTING STIPULATED MOTION FOR REMAND v. 12 CASE NO. 2:16-CV-01845-DWC NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. 15 16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 17 18 Magistrate Judge Rule MJR 13. See also Consent to Proceed before a United States Magistrate 19 Judge, Dkt. 6. Presently before the Court is Defendant’s Stipulated Motion for Remand 20 (“Motion”). Dkt. 23. After reviewing the Motion and the relevant record, the Court orders the 21 following: Defendant’s Motion is granted, and the above-captioned case is REVERSED and 22 23 REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 24 405(g). ORDER GRANTING STIPULATED MOTION FOR REMAND - 1 1 On remand, the Appeals Council will: 2 • Determine the appropriate administrative action to be taken — whether a favorable 3 decision can be issued based on the evidence of record or whether further 4 development of the record and a new Administrative Law Judge (ALJ) decision is 5 necessary; • 6 If the Appeals Council determines that a favorable decision cannot be issued based on 7 the evidence of record, it will instruct a different ALJ to obtain a medical expert to 8 assist in evaluating Plaintiff’s mental impairments; further evaluate the opinion 9 evidence of record; further evaluate Plaintiff’s residual functional capacity; further 10 evaluate Plaintiff’s subjective complaints; and if necessary obtain supplemental 11 vocational expert evidence; and • 12 Lastly, if Plaintiff is found to be disabled, the ALJ will determine whether substance 13 abuse is a contributing factor material to the finding of disability pursuant to Social 14 Security Ruling 13-2p. The parties agree that Plaintiff is entitled to reasonable attorney fees, expenses, and costs 15 16 under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 and 1920, upon proper request to the 17 Court. 18 Dated this 16th day of October, 2017. A 19 20 David W. Christel United States Magistrate Judge 21 22 23 24 ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

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?