Chambers v. Astrue

Filing 19

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

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: [phone]
Fax: [phone]
[e-mail]

22
23
24
Page 2

ORDER OF REMAND - [3:12-CV-05644-KLS]