Vazquez v. Berryhill

Filing 14

ORDER re 13 Stipulated Motion to Remand for further administrative proceedings signed by Hon. Mary Alice Theiler. (KMP)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON SEATTLE DIVISION 8 9 10 CELINA MIRABAI VAZQUEZ, 11 Plaintiff, 12 vs. Civil No. 2:18-CV-544-MAT 13 ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, 14 Defendant. 15 The parties, through their respective counsel, hereby stipulate that the Commissioner’s 16 17 18 19 20 21 22 23 final decision should be reversed and remanded for further administrative proceedings under the fourth sentence of 42 U.S.C. § 405(g). On remand, the administrative law judge will offer Plaintiff the opportunity for a new hearing and a new decision. The ALJ will re-evaluate Plaintiff’s subjective complaints and the medical opinion of Plaintiff’s treating physician, Jeffrey Warner, D.O., in light of the record as a whole. Based on the medical evidence and the evaluation of Plaintiff’s testimony, the ALJ will determine Plaintiff’s residual functional capacity and proceed with the sequential evaluation, obtaining vocational expert evidence as needed. 24 Page 1 ORDER - [2:18-CV-544-MAT] 1 2 Upon proper application, Plaintiff may seek an award of reasonable attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, et seq. 3 DATED this 20th day of August, 2018. 4 5 A 6 Mary Alice Theiler United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 Presented by: s/ Christopher J. Brackett CHRISTOPHER J. BRACKETT Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-2545 Fax: (206) 615-2531 christopher.brackett@ssa.gov 17 18 19 20 21 22 23 24 Page 2 ORDER - [2:18-CV-544-MAT]

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