Nelson v. Colvin

Filing 25

ORDER reversing and remanding case by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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ROBI R NELSON,

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Plaintiff,

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vs.

Civil No. 3:14-CV-05752-RSM

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ORDER

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 ORDERED that the Commissioner’s decision
be REVERSED and REMANDED to the Commissioner of Social Security for further
administrative proceedings in regard to Plaintiff’s application for disability insurance benefits
under Title II of the Social Security Act. On remand, an administrative law judge (ALJ) shall
update the record, hold a de novo hearing, and issue a new decision.

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On remand, the ALJ will offer Plaintiff a new hearing, reconsider and properly address
all medical source assessments or opinions, reconsider and properly address the lay witnesses’
statements, reconsider Plaintiff’s credibility, reassess Plaintiff’s residual functional capacity and
in so doing provide rationale with specific citation to the record, in support of the assessment. In

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ORDER OF REMAND - [3:14-CV-05752-RSM]

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particular, the ALJ will make findings regarding Plaintiff’s need for bathroom breaks, the
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number of bathroom breaks required, and will provide her rationale for these findings. If
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necessary, the ALJ will obtain supplemental medical and vocational expert testimony, and will
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issue a new decision.
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Plaintiff will be entitled to reasonable attorney’s fees and costs pursuant to 28 U.S.C. §
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2412(d), upon proper request to this Court.
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DATED this 14th day of April, 2015.

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/s/ Ricardo S. Martinez
HONORABLE RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER OF REMAND - [3:14-CV-05752-RSM]