Hvizdalek v. Berryhill
ORDER REVERSING AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS signed by Hon. James P. Donohue. (KMP)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Case No. C17-1142-JPD
ORDER REVERSING AND REMANDING
FOR FURTHER ADMINISTRATIVE
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Plaintiff brought this action to seek judicial review of the denial of his application for
disability benefits by the Commissioner of the Social Security Administration. Dkt. 4. The
parties have stipulated that this case should be reversed and remanded for further administrative
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 14.
Based on the stipulation of the parties, the Court ORDERS that this case be REVERSED
and REMANDED for further administrative proceedings before an Administrative Law Judge
(“ALJ”). On remand, the ALJ shall:
(DSHS) of Washington, including the medical opinion of David Widlan, Ph.D.;
Consider new evidence from the Department of Social and Health Services
PAGE - 1
Reassess the opinion evidence, including the opinion of Dr. Wayne Dees, PsyD;
Reassess plaintiff’s residual functional capacity; and
Continue the sequential evaluation, including obtaining vocational expert
evidence, as necessary.
Upon proper application, the Court will consider whether reasonable attorney’s fees and
costs should be awarded pursuant to 28 U.S.C. § 2412(d).
DATED this 30th day of November, 2017.
JAMES P. DONOHUE
Chief United States Magistrate Judge
PAGE - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?