Shewey v. Colvin

Filing 20


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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 MELANIE A. SHEWEY, 8 Plaintiff, 9 CASE NO. C16-5673-BAT ORDER GRANTING STIPULATED MOTION FOR REMAND v. 10 NANCY A. BERRYHILL, 11 Defendant. 12 13 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 14 Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate 15 Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, 16 Dkt. 6. This matter is before the Court on the parties’ stipulated motion to remand the matter for 17 further administrative proceedings, Dkt. 19. 18 After reviewing the parties’ stipulated motion and the relevant record, the Court 19 GRANTS the parties’ motion and ORDERS that the case be REVERSED and REMANDED 20 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On 21 remand, the Administrative Law Judge shall re-evaluate all of the evidence, including the 22 medical opinions, plaintiff’s allegations about her limitations, and the lay evidence, and, if a 23 favorable decision is not made on the record, the ALJ will present a hypothetical to a vocational ORDER GRANTING STIPULATED MOTION FOR REMAND - 1 1 expert that includes all of plaintiff’s limitations. See Dkt. 19. The parties further stipulate that 2 plaintiff shall be eligible for attorneys’ fees under the Equal Access to Justice Act, 24 U.S.C. § 3 2412 et seq., upon proper application to this Court. Id. 4 5 6 7 DATED this 13th day of April, 2017. A BRIAN A. TSUCHIDA United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

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