Stevens v. Berryhill

Filing 19

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)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 LOREAL STEVENS, 10 Plaintiff, 11 ORDER GRANTING STIPULATED REMAND v. 12 13 CASE NO. 2:17-CV-00097 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 14 Defendant. 15 16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 17 Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate 18 Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, 19 Dkt. 6. This matter is before the Court on defendant’s stipulated motion to remand the matter to 20 the Acting Commissioner for further consideration. Dkt. 18. 21 22 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. 23 24 ORDER GRANTING STIPULATED REMAND - 1 1 Pursuant to the stipulation of the parties, it is hereby ORDERED that the Acting 2 Commissioner’s final decision be reversed and remanded in accordance with sentence four of 42 3 U.S.C. § 405(g). On remand, the Appeals Council will first determine whether the record 4 supports a finding of disability. If not, the Appeals Council will remand the case to an 5 Administrative Law Judge, and plaintiff will have an opportunity for a hearing and to update 6 the medical evidence. The Administrative Law Judge will reevaluate the medical evidence and 7 address any limitations assessed in the medical record, and the persistence of such limitations 8 with and without DAA. 9 10 11 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 12 REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) consistent 13 with this Order. Judgment shall be for the plaintiff and case closed. 14 Dated this 18th day of July, 2017. 15 16 A 17 J. Richard Creatura United States Magistrate Judge 18 19 20 21 22 23 24 ORDER GRANTING STIPULATED REMAND - 2

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