Leicht v. Colvin

Filing 19

ORDER re parties' 18 Stipulated Motion to Remand ; case reversed and remanded for further administrative proceedings, signed by Judge Thomas S. Zilly. (SWT)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

8
9
10

STEVEN J. LEICHT, JR.,

11

Plaintiff,

12

vs.

Civil No. 2:16-CV-01978-TSZ

13

ORDER

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

14
Defendant.
15
16
17
18
19
20
21
22
23
24
25
26

Based on the stipulation between the parties it is hereby ORDERED that the abovecaptioned case be reversed and remanded for further administrative proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge (ALJ) shall offer
Plaintiff an opportunity for a new hearing and issue a new decision. The ALJ will:
1. Consider the evidence as a whole, and provide Plaintiff with an opportunity to submit
additional evidence;
2. Reevaluate the medical evidence as a whole;
3. Reevaluate Plaintiff’s testimony;
4. Reassess Plaintiff’s residual functional capacity and provide rationale for the assessed
limitations;
5. If necessary, obtain medical expert evidence regarding Plaintiff’s mental impairments;
6. Further assess the materiality of drug and alcohol abuse; and
7. If warranted, obtain vocational expert evidence at steps four and five.
Page 1

ORDER - [2:16-CV-01978-TSZ]

1
2
The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice
3
Act, 28 U.S.C. § 2412, upon proper request to the Court.
4
5

DATED this 6th day of October, 2017.

7

A

8

Thomas S. Zilly
United States District Judge

6

9
10
11
Presented by:
12
13
14
15
16
17

s/ L. Jamala Edwards
L. JAMALA EDWARDS
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
701 Fifth Avenue, Suite 2900 M/S 221A
Seattle, WA 98104-7075
Telephone: [phone] x 35143
Fax: [phone]
[e-mail]

18
19
20
21
22
23
24
25
26

Page 2

ORDER - [2:16-CV-01978-TSZ]