Hvizdalek v. Berryhill

Filing 15

ORDER REVERSING AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS signed by Hon. James P. Donohue. (KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JAMES HVIZDALEK,

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Plaintiff,

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Case No. C17-1142-JPD
ORDER REVERSING AND REMANDING
FOR FURTHER ADMINISTRATIVE
PROCEEDINGS

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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Plaintiff brought this action to seek judicial review of the denial of his application for

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disability benefits by the Commissioner of the Social Security Administration. Dkt. 4. The

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parties have stipulated that this case should be reversed and remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 14.

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Based on the stipulation of the parties, the Court ORDERS that this case be REVERSED

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and REMANDED for further administrative proceedings before an Administrative Law Judge

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(“ALJ”). On remand, the ALJ shall:

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

(DSHS) of Washington, including the medical opinion of David Widlan, Ph.D.;

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Consider new evidence from the Department of Social and Health Services


ORDER
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Reassess the opinion evidence, including the opinion of Dr. Wayne Dees, PsyD;

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Reassess plaintiff’s residual functional capacity; and

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Continue the sequential evaluation, including obtaining vocational expert

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evidence, as necessary.
Upon proper application, the Court will consider whether reasonable attorney’s fees and

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costs should be awarded pursuant to 28 U.S.C. § 2412(d).

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DATED this 30th day of November, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER
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