Davis v. Commissioner of Social Security

Filing 12

ORDER Granting 11 Stipulated Motion to Remand signed by Hon. Mary Alice Theiler. (KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

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MICHELLE D.,

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Plaintiff,

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vs.

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Civil No. 2:19-CV-00606-MAT

ORDER

COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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The parties, acting through their respective counsel, hereby agree and stipulate that the

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above-captioned case be reversed and remanded for further administrative proceedings,

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including but not limited to the following: the administrative law judge (ALJ) will reconsider the

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medical expert testimony and whether Plaintiff meets or equals Listing 3.02; if necessary,

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reconsider Plaintiff’s residual functional capacity; if necessary, obtain evidence from a

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vocational expert and determine whether there is other work that Plaintiff can perform; and issue

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a new decision.

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The parties stipulate that this remand be made pursuant to sentence four of 42 U.S.C. §

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405(g). The parties agree that reasonable attorney fees and costs will be awarded under the Equal

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Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.
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ORDER - [2:19-CV-00606-MAT]

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DATED this 5th day of September, 2019.
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A

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Mary Alice Theiler
United States Magistrate Judge

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Presented by:
s/ Thomas M. Elsberry
THOMAS M. ELSBERRY
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: [phone]
Fax: [phone]
[e-mail]

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ORDER - [2:19-CV-00606-MAT]