Shewey v. Colvin

Filing 20

ORDER GRANTING 19 STIPULATED MOTION FOR REMAND by Hon. Brian A Tsuchida. (KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MELANIE A. SHEWEY,
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Plaintiff,
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CASE NO. C16-5673-BAT
ORDER GRANTING STIPULATED
MOTION FOR REMAND

v.
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NANCY A. BERRYHILL,
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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

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Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate

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Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge,

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Dkt. 6. This matter is before the Court on the parties’ stipulated motion to remand the matter for

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further administrative proceedings, Dkt. 19.

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After reviewing the parties’ stipulated motion and the relevant record, the Court

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GRANTS the parties’ motion and ORDERS that the case be REVERSED and REMANDED

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for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On

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remand, the Administrative Law Judge shall re-evaluate all of the evidence, including the

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medical opinions, plaintiff’s allegations about her limitations, and the lay evidence, and, if a

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favorable decision is not made on the record, the ALJ will present a hypothetical to a vocational

ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

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expert that includes all of plaintiff’s limitations. See Dkt. 19. The parties further stipulate that

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plaintiff shall be eligible for attorneys’ fees under the Equal Access to Justice Act, 24 U.S.C. §

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2412 et seq., upon proper application to this Court. Id.

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DATED this 13th day of April, 2017.

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND - 2