Chambers v. Astrue

Filing 19

ORDER OF REMAND by Judge Karen L Strombom. (TW)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 TAMMY CHAMBERS, 11 Plaintiff, 12 vs. Case No. 3:12-CV-05644-KLS 13 ORDER OF REMAND MICHAEL J. ASTRUE, Commissioner of Social Security, 14 Defendant. 15 Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision 16 in regard to Plaintiff’s applications for disability insurance benefits under Title II of the Social 17 Security Act be REVERSED and REMANDED to the Commissioner of Social Security for 18 further administrative proceedings before an administrative law judge (ALJ), a new hearing, and 19 a new decision. On remand, the ALJ will 1) update the record and receive any additional 20 evidence Plaintiff wishes to submit; 2) give further consideration to Plaintiff’s impairments at 21 step two of the sequential evaluation; 3) give further consideration to the medical source 22 opinions in the record including those of David Knopes, Ph.D., Michael Regets, Ph.D., and the 23 State Agency consulting psychologists; 4) give further consideration to Plaintiff’s residual 24 Page 1 ORDER OF REMAND - [3:12-CV-05644-KLS] 1 functional capacity; 5) continue with the sequential evaluation and if necessary, obtain 2 supplemental evidence from a vocational expert to clarify the effect of the assessed limitations 3 on Plaintiff’s occupational base. 4 This Court hereby reverses the Commissioner’s decision under sentence four of 42 5 U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See 6 Melkonyan v. Sullivan, 501 U.S. 89 (1991). 7 Judgment is for the Plaintiff and the file shall be closed. 8 9 DATED this 16th day of January, 2013. 10 A 11 Karen L. Strombom United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 Presented by: s/ Nancy A. Mishalanie NANCY A. MISHALANIE, WSB #18120 Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 MS/221A Seattle, WA 98104-7075 Telephone: (206) 615-3619 Fax: (206) 615-2531 nancy.mishalanie@ssa.gov 22 23 24 Page 2 ORDER OF REMAND - [3:12-CV-05644-KLS]

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