Shewey v. Colvin
ORDER GRANTING 19 STIPULATED MOTION FOR REMAND by Hon. Brian A Tsuchida. (KMP)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
MELANIE A. SHEWEY,
CASE NO. C16-5673-BAT
ORDER GRANTING STIPULATED
MOTION FOR REMAND
NANCY A. BERRYHILL,
This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate
Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge,
Dkt. 6. This matter is before the Court on the parties’ stipulated motion to remand the matter for
further administrative proceedings, Dkt. 19.
After reviewing the parties’ stipulated motion and the relevant record, the Court
GRANTS the parties’ motion and ORDERS that the case be REVERSED and REMANDED
for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On
remand, the Administrative Law Judge shall re-evaluate all of the evidence, including the
medical opinions, plaintiff’s allegations about her limitations, and the lay evidence, and, if a
favorable decision is not made on the record, the ALJ will present a hypothetical to a vocational
ORDER GRANTING STIPULATED MOTION FOR REMAND - 1
expert that includes all of plaintiff’s limitations. See Dkt. 19. The parties further stipulate that
plaintiff shall be eligible for attorneys’ fees under the Equal Access to Justice Act, 24 U.S.C. §
2412 et seq., upon proper application to this Court. Id.
DATED this 13th day of April, 2017.
BRIAN A. TSUCHIDA
United States Magistrate Judge
ORDER GRANTING STIPULATED MOTION FOR REMAND - 2
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