Pryor v. Colvin

Filing 21

ORDER granting 20 Stipulated Motion to Remand signed by Judge J Richard Creatura.(SH)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 BRYANT PRYOR, Plaintiff, 11 12 13 14 15 CASE NO. 2:16-CV-01903-JRC ORDER GRANTING STIPULATED MOTION FOR REMAND v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. 16 17 18 19 20 21 22 23 24 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13. (See also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 4.) This matter is before the Court on defendant’s stipulated motion to remand the matter to the Acting Commissioner for further consideration. (Dkt. 20.) After reviewing defendant’s stipulated motion and the remaining record, the Court grants defendant’s motion pursuant to sentence four of 42 U.S.C. § 405(g), and reverses and remands this case regarding plaintiff’s claim for a period of disability and disability insurance benefits ORDER GRANTING STIPULATED MOTION FOR REMAND - 1 1 under Title II of the Social Security Act to the Acting Commissioner of Social Security for 2 further administrative proceedings and a new decision. 3 Following remand, the Appeals Council shall instruct the Administrative Law Judge to 4 update and expand the record. If possible, the ALJ shall obtain the claimant's disability ratings 5 from the U.S. Department of Veteran’s Affairs—including statements of the underlying evidence 6 and rationale it relied on in establishing the ratings. Additionally, the ALJ shall: consider or 7 reconsider and properly address the evidence; reassess the claimant’s residual functional capacity 8 in light of the preceding assessments; and continue with the other steps in the sequential 9 evaluation process, as necessary. 10 11 12 13 14 Plaintiff shall be entitled to reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), following proper request to the Court. Given the facts and the parties’ stipulation, the Court hereby orders that the case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). Dated this 14th day of July, 2017. A 15 16 J. Richard Creatura United States Magistrate Judge 17 18 19 20 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?