Collins v. Berryhill

Filing 14

ORDER REVERSING AND REMANDING COMMISSIONER'S FINAL DECISION signed by Hon. Brian A Tsuchida, re: 13 Motion to Remand. (TF)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

BAUNWYNN A. COLLINS,
8
Plaintiff,
9
v.
10
11
12
13

NANCY A. BERRYHILL, Acting
Commissioner of Social Security for Operations,

CASE NO. 2:17-cv-1761-BAT
ORDER REVERSING AND
REMANDING COMMISSIONER’S
FINAL DECISION

Defendant.
The parties, through their respective counsel, stipulate that the Commissioner’s final

14

decision should be reversed and remanded in accordance with sentence four of 42 U.S.C. §

15

405(g) and that upon remand, the Administrative Law Judge will conduct a de novo hearing and

16

further evaluate the opinion evidence; further evaluate the claimant’s maximum residual

17

functional capacity; and issue a new decision. Dkt. 13. The parties also stipulate that, upon

18

proper application, Plaintiff shall be eligible for attorneys’ fees under the Equal Access to Justice

19

Act, 24 U.S.C. § 2412 et seq. Id.

20

Accordingly, it is hereby ORDERED that the Commissioner’s final decision shall be

21

REVERSED AND REMANDED in accordance with sentence four of 42 U.S.C. § 405(g).

22

Upon remand, the Administrative Law Judge will conduct a de novo hearing and further evaluate

23

the opinion evidence; further evaluate the claimant’s maximum residual functional capacity; and

ORDER REVERSING AND REMANDING COMMISSIONER’S FINAL
DECISION - 1

1

issue a new decision. Upon proper application, Plaintiff shall be eligible for attorneys’ fees under

2

the Equal Access to Justice Act, 24 U.S.C. § 2412 et seq.

3
4
5
6

DATED this 25th day of April, 2018.

A

BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

ORDER REVERSING AND REMANDING COMMISSIONER’S FINAL
DECISION - 2