Van Buskirk v. Colvin

Filing 18

ORDER granting 17 Stipulated Motion to Remand; case is reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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RAYLENE VAN BUSKIRK,

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Plaintiff,

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vs.

Civil No. 3:16-CV-05979-RSM

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ORDER

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned
case be REVERSED and REMANDED for further administrative proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will reconsider whether a
finding of disability on the existing record is warranted. If a favorable decision is not made on
the record, the Administrative Law Judge will re-evaluate the medical opinions and Plaintiff’s
allegations about her limitations, reassess whether Plaintiff meets or equals a Listing, and
reassess Plaintiff’s residual functional capacity. The ALJ will afford Plaintiff the opportunity to
appear at a new hearing and present evidence and testimony. Upon proper application, Plaintiff
shall be eligible for attorneys’ fees under the Equal Access to Justice Act, 24 U.S.C. § 2412 et
seq.
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ORDER - [3:16-CV-05979-RSM]

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DATED this 30 day of May 2017.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
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s/ David J. Burdett
DAVID J. BURDETT
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
701 Fifth Avenue, Suite 2900 M/S 221A
Seattle, WA 98104-7075
Telephone: [phone]
Fax: [phone]
[e-mail]

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ORDER - [3:16-CV-05979-RSM]