Frazey v. Colvin

Filing 28

ORDER that the above captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge Karen L Strombom. (CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 NICOLETTE CLARICE FRAZEY, 11 Plaintiff, 12 vs. Civil No. 3:14-CV-05948-KLS 13 ORDER ON REMAND CAROLYN W. COLVIN, Acting Commissioner of Social Security, 14 Defendant. 15 16 17 18 19 20 21 22 Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to afford the claimant an opportunity to appear and testify at an administrative hearing; update and reassess the medical evidence of record; reevaluate the medical opinions; reevaluate claimant’s credibility; reevaluate the claimant’s residual functional capacity, taking into account all severe and non-severe impairments; and perform a new step four and five analysis, including obtaining additional vocational expert testimony, if necessary. 23 24 Page 1 ORDER - [3:14-CV-05948-KLS] 1 The ALJ will make a de novo determination as to disability, and issue a new decision. 2 Upon proper application, Plaintiff shall be eligible for attorneys’ fees and expenses under 3 the Equal Access to Justice Act, 24 U.S.C. § 2412 et seq. 4 5 DATED this 27th day of May, 2015. A 6 7 Karen L. Strombom United States Magistrate Judge 8 9 10 Presented by: 11 s/ Erin F. Highland ERIN F. HIGHLAND Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-2495 Fax: (206) 615-2531 erin.highland@ssa.gov 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 ORDER - [3:14-CV-05948-KLS]

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