Ross v. Colvin

Filing 27

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

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: [phone]
Fax: [phone]
[e-mail]

18
19
20
21
22
23
24
Page 2

ORDER - [3:16-CV-06050-TLF]