Brader v. Astrue

Filing 17

ORDER granting 16 Stipulated Motion for Remand. This matter is REVERSED and REMANDED to the Commissioner for further administrative proceedings. Signed by Judge Ronald B. Leighton.(DN)

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Page 1 ORDER - [3:09-CV-5698-RBL-KLS]

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION JAY BRADER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. Based on the stipulation of the parties, it is ORDERED that the Commissioner's decision in regard to Plaintiff's applications for disability benefits under Title XVI of the Social Security Act be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ will further evaluate the medical evidence sent to the Appeals Council. With respect Plaintiff's depression, the ALJ will document his findings on the "B" criteria pursuant to ORDER OF REMAND Civil No. 3:09-CV-5698-RBL-KLS

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20 C.F.R. § 416.920a. Plaintiff will be entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court. DATED this 14th day of April, 2010.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Recommended for Entry: s/Karen L. Strombom UNITED STATES MAGISTRATE JUDGE

Presented By: s/ Stephanie R. Martz STEPHANIE R. MARTZ WSB #28636 Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 MS/901 Seattle, Washington 98104-7075 Telephone: [phone] FAX: [phone] [e-mail]

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ORDER - [3:09-CV-5698-RBL-KLS]