Matheny-White v. Astrue

Filing 18

ORDER to Reverse and Remand Case for further administrative proceedings, signed by Judge Ronald B. Leighton. (DN)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 1 ORDER ­ [3:09-CV-5277-RBL-KLS] N THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON PATRICIA MATHENY-WHITE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant Based on the stipulation of the parties it is hereby ORDERED that the above-captioned case be reversed and remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings, including the following actions: · · · · · · · A new ALJ will be appointed to this case on remand; The ALJ will conduct a new hearing, further develop the record and issue a new decision; The ALJ will re-evaluate and further develop the medical evidence of record; The ALJ will re-evaluate steps two and three of the sequential evaluation process; The ALJ will re-evaluate Plaintiff's credibility pursuant to SSR 96-7p; The ALJ will reassess Plaintiff's RFC; If ALJ will re-evaluate steps four and five of the sequential evaluation process with the assistance of a vocational expert, if necessary. ORDER FOR REMAND Civil No. 3:09-CV-5277-RBL-KLS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 Upon proper presentation, this Court will consider Plaintiff's application for costs and attorney's fees under 28 U.S.C. § 2412(d). DATED this 12th day of November, 2009. A RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Recommended for Entry: s/Karen L. Strombom UNITED STATES MAGISTRATE JUDGE Presented by: s/ FRANCO L. BECIA, Special Assistant U.S. Attorney Office of the General Counsel 701 Fifth Avenue, Suite 2900 MS/901 Seattle, Washington 98104-7075 Telephone: (206) 615-2114 FAX: (206) 615-2531 Franco.L.Becia@ssa.gov WSB # 26823 ORDER ­ [3:09-CV-5277-RBL-KLS]

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