Fife v. Berryhill

Filing 15

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

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 6 7 ERIC W. FIFE, 8 9 10 11 Case No. C18-156-JPD Plaintiff, ORDER REVERSING AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS v. NANCY A. BERRYHILL, Deputy Commissioner of Social Security for Operations, 12 Defendant. 13 14 Plaintiff brought this action to seek judicial review of the denial of his application for 15 disability benefits by the Commissioner of the Social Security Administration. Dkt. 4. The 16 parties have stipulated that this case should be reversed and remanded for further administrative 17 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 14. 18 On remand, the Appeals Council shall instruct the administrative law judge (ALJ) to offer 19 plaintiff a new hearing. The ALJ shall reconsider the application of Acquiescence Ruling 97- 20 4(9); consider all medical opinions and reconsider the medical opinions of Mary Montgomery, 21 ARNP, James Czysz, Psy.D., and Melanie Mitchell, Ph.D., consistent with 20 C.F.R. § 416.927; 22 reconsider plaintiff’s subjective complaints consistent with Social Security Ruling 16-3p; 23 reconsider plaintiff’s residual functional capacity; obtain supplemental evidence from a 24 vocational expert if necessary; and issue a new decision. ORDER PAGE - 1 1 Upon proper application, the Court will consider whether reasonable attorney’s fees and 2 costs should be awarded pursuant to 28 U.S.C. § 2412(d). 3 DATED this 12th day of September, 2018. A 4 5 JAMES P. DONOHUE United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER PAGE - 2

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