Stevens v. Berryhill
ORDER granting 18 Stipulated Motion to Remand pursuant to sentence four of 42 U.S.C. § 405(g) consistent with this Order - signed by Judge J Richard Creatura.(SH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ORDER GRANTING STIPULATED
CASE NO. 2:17-CV-00097
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
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. 5; Consent to Proceed Before a United States Magistrate Judge,
Dkt. 6. This matter is before the Court on defendant’s stipulated motion to remand the matter to
the Acting Commissioner for further consideration. Dkt. 18.
After reviewing defendant’s stipulated motion and the remaining record, the Court grants
defendant’s motion, and reverses and remands this matter to the Acting Commissioner.
ORDER GRANTING STIPULATED REMAND - 1
Pursuant to the stipulation of the parties, it is hereby ORDERED that the Acting
Commissioner’s final decision be reversed and remanded in accordance with sentence four of 42
U.S.C. § 405(g). On remand, the Appeals Council will first determine whether the record
supports a finding of disability. If not, the Appeals Council will remand the case to an
Administrative Law Judge, and plaintiff will have an opportunity for a hearing and to update
the medical evidence. The Administrative Law Judge will reevaluate the medical evidence and
address any limitations assessed in the medical record, and the persistence of such limitations
with and without DAA.
Following proper application, plaintiff shall be eligible for attorneys’ fees pursuant to the
Equal Access to Justice Act, 24 U.S.C. § 2412 et seq.
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) consistent
with this Order. Judgment shall be for the plaintiff and case closed.
Dated this 18th day of July, 2017.
J. Richard Creatura
United States Magistrate Judge
ORDER GRANTING STIPULATED REMAND - 2
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