Hvizdalek v. Berryhill

Filing 15


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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 JAMES HVIZDALEK, 10 Plaintiff, 11 12 Case No. C17-1142-JPD ORDER REVERSING AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 14 15 Plaintiff brought this action to seek judicial review of the denial of his application for 16 disability benefits by the Commissioner of the Social Security Administration. Dkt. 4. The 17 parties have stipulated that this case should be reversed and remanded for further administrative 18 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 14. 19 Based on the stipulation of the parties, the Court ORDERS that this case be REVERSED 20 and REMANDED for further administrative proceedings before an Administrative Law Judge 21 (“ALJ”). On remand, the ALJ shall: 22  (DSHS) of Washington, including the medical opinion of David Widlan, Ph.D.; 23 24 Consider new evidence from the Department of Social and Health Services  ORDER PAGE - 1 Reassess the opinion evidence, including the opinion of Dr. Wayne Dees, PsyD; 1  Reassess plaintiff’s residual functional capacity; and 2  Continue the sequential evaluation, including obtaining vocational expert 3 4 evidence, as necessary. Upon proper application, the Court will consider whether reasonable attorney’s fees and 5 costs should be awarded pursuant to 28 U.S.C. § 2412(d). 6 DATED this 30th day of November, 2017. 7 A 8 JAMES P. DONOHUE Chief United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER PAGE - 2

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