Pryor v. Colvin

Filing 21

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

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