Mitchell v. Colvin

Filing 19

ORDER granting 18 stipulated motion to remand for further proceedings. The Commissioner's final decision is hereby REVERSED and REMANDED in accordance with sentence four of 42 U.S.C. § 405(g). Signed by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEBORAH JEANNE MITCHELL,

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Plaintiff,

ORDER

v.

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CASE NO. C16-5772-JCC

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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This matter comes before the Court on the parties’ stipulated motion to remand for

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further proceedings (Dkt. No. 18). The motion is GRANTED. The Commissioner’s final

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decision is hereby REVERSED and REMANDED in accordance with sentence four of 42 U.S.C.

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§ 405(g). If the Commissioner does not issue a fully favorable decision on the record upon

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remand, then Plaintiff will have the opportunity for a de novo hearing. If the Appeals Council

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does not issue a fully favorable decision, the Administrative Law Judge will reevaluate: (1) the

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medical evidence, including all assessed limitations by Dr. Grattan, mental health counselor

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Kathleen Heppell, and occupational therapist Amanda Kaare; (2) Plaintiff’s allegations of

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symptoms and limitations; and (3) the lay witness evidence. If needed, the rest of the sequential

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evaluation process will be conducted. Upon proper application, Plaintiff shall be eligible for

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attorney fees under the Equal Access to Justice Act, 24 U.S.C. § 2412 et seq.

ORDER
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DATED this 30th day of March, 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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