Ellingburg, Jr. v. Colvin

Filing 18

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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CHARLES ELLINGBURG, JR.,

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Plaintiff,

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vs.

Case No. 3:13-CV-05200-KLS

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ORDER OF REMAND

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.
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Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned
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case be reversed and remanded for a de novo hearing and further administrative proceedings,
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including, but not limited to, the following: the administrative law judge will obtain additional
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evidence; further evaluate the opinions in the record; determine the residual functional capacity;
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evaluate the credibility of Plaintiff’s allegations; and determine if Plaintiff can perform his past
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relevant work. If Plaintiff is unable to perform his past relevant work, the Administrative Law
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Judge will obtain vocational expert evidence regarding the effect of Plaintiff’s nonexertional
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limitations on the occupational base.
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ORDER OF REMAND - [3:13-CV-05200-KLS]

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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), and that Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the
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Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.
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DATED this 20th day of August, 2013.

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A

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Karen L. Strombom
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 Ave., Ste 2900, M/S 221A
Seattle, WA 98104-7075
Telephone: [phone]
Fax: [phone]
[e-mail]

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ORDER OF REMAND - [3:13-CV-05200-KLS]