Weymouth v. Berryhill

Filing 15

ORDER by Judge David W. Christel, Granting Defendant's 14 Motion for Remand pursuant to Sentence Six of 42 U.S.C. § 405(g). This Court retains jurisdiction over the case. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARREN W. WEYMOUTH,

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Plaintiff,

CASE NO. 3:16-CV-05946-DWC
ORDER ON DEFENDANT’S MOTION
FOR REMAND

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

Plaintiff filed this action, pursuant to 42 U.S.C § 405(g), seeking judicial review of the
denial of Plaintiff’s applications for Disability Insurance Benefits (“DIB”). The parties have
consented to proceed before a United States Magistrate Judge. See 28 U.S.C. § 636(c), Fed. R.
Civ. P. 73 and Local Magistrate Judge Rule MJR 13. See also Consent to Proceed before a
United States Magistrate Judge, Dkt. 5. This case is before the Court on Defendant’s Motion for
Remand pursuant to Sentence Six of 42 U.S.C. § 405(g). Dkt. 14. Plaintiff has not filed a
response to Defendant’s Motion.

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ORDER ON DEFENDANT’S MOTION FOR
REMAND - 1

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Based upon Defendant’s Motion and the relevant record, the Court grants Defendant’s

2 Motion for Remand. The Court remands this case back to the Social Security Administration for
3 further administrative proceedings pursuant to Sentence Six of 42 U.S.C. § 405(g) to conduct a
4 de novo hearing.
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This Court retains jurisdiction over the case. If the outcome of the de novo hearing is

6 unfavorable to Plaintiff, he may seek judicial review by reinstating this case rather than by filing
7 a new Complaint. If the outcome is favorable to Plaintiff, the parties will move this Court for
8 entry of Judgment.
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Dated this 27th day of April, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON DEFENDANT’S MOTION FOR
REMAND - 2