Whitting v. Berryhill

Filing 16

ORDER granting 15 Stipulated Motion to Remand signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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RACHEL WHITTING,
Plaintiff,

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CASE NO. 2:17-cv-00110 JRC
ORDER GRANTING STIPULATED
MOTION FOR REMAND

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

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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. 15.)
After reviewing defendant’s stipulated motion and the relevant record, the Court grants
defendant’s motion, and reverses and remands this matter to the Acting Commissioner.

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ORDER GRANTING STIPULATED MOTION FOR
REMAND - 1

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Based on the stipulation of the parties, the Court hereby orders that the Commissioner’s
final decision be reversed and remanded for further administrative proceedings and a new
decision pursuant to the fourth sentence of 42 U.S.C. § 405(g).
Following remand, the Commissioner will re-evaluate the medical evidence, including

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the medical opinions, stating the reasons for the weight given to each. Based on this, the

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Commissioner will re-evaluate plaintiff’s residual functional capacity and continue with the

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sequential evaluation to steps four and five, obtaining updated vocational expert testimony, if

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necessary.

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With proper application, plaintiff may seek an award of reasonable attorney’s 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).
Dated this 30th day of June, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING STIPULATED MOTION FOR
REMAND - 2