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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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LOREAL STEVENS,
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Plaintiff,
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ORDER GRANTING STIPULATED
REMAND

v.
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CASE NO. 2:17-CV-00097

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

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Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate

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Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge,

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Dkt. 6. This matter is before the Court on defendant’s stipulated motion to remand the matter to

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the Acting Commissioner for further consideration. Dkt. 18.

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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.

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ORDER GRANTING STIPULATED REMAND - 1

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Pursuant to the stipulation of the parties, it is hereby ORDERED that the Acting

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Commissioner’s final decision be reversed and remanded in accordance with sentence four of 42

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U.S.C. § 405(g). On remand, the Appeals Council will first determine whether the record

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supports a finding of disability. If not, the Appeals Council will remand the case to an

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Administrative Law Judge, and plaintiff will have an opportunity for a hearing and to update

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the medical evidence. The Administrative Law Judge will reevaluate the medical evidence and

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address any limitations assessed in the medical record, and the persistence of such limitations

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with and without DAA.

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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

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REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) consistent

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with this Order. Judgment shall be for the plaintiff and case closed.

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Dated this 18th day of July, 2017.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING STIPULATED REMAND - 2