Ross v. Colvin

Filing 27

ORDER granting 26 Stipulated Motion to Remand signed by Judge Theresa L Fricke.(TW)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 CARMAN JUANITA ROSS, 11 Plaintiff, 12 vs. Civil No. 3:16-CV-06050-TLF 13 ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, 14 Defendant. 15 Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision 16 17 in regard to Plaintiff’s applications for disability insurance benefits and supplemental security 18 income payments under Titles II and XVI of the Social Security Act be REVERSED and 19 REMANDED to the Commissioner of Social Security for further administrative proceedings 20 including a new hearing and a new decision. The Administrative Law Judge will consider and 21 weigh the new evidence submitted to the Appeals Council; reconsider the medical opinion 22 evidence; reconsider Plaintiff’s subjective complaints; reconsider Plaintiff’s residual functional 23 capacity; and continue with the sequential evaluation process, obtaining supplemental vocational 24 expert evidence, as necessary.  Page 1 ORDER - [3:16-CV-06050-TLF] 1 This Court hereby reverses the Commissioner’s decision under sentence four of 42 2 U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See 3 Melkonyan v. Sullivan, 501 U.S. 89 (1991). 4 DATED this 28th day of June, 2017. 5 6 A 7 8 Theresa L. Fricke United States Magistrate Judge 9 10 11 12 13 14 15 16 17 Presented by: s/ Nancy A. Mishalanie NANCY A. MISHALANIE 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: (206) 615-3619 Fax: (206) 615-2531 18 19 20 21 22 23 24 Page 2 ORDER - [3:16-CV-06050-TLF]

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