Cowles v. Colvin

Filing 22

ORDER granting 21 Stipulated Motion to Remand. This Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. §405(g) with a remand of the case to the Commissioner for further proceedings. 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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MARCUS W. COWLES,

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Plaintiff,

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vs.

Civil No. 3:16-CV-06056-RSM

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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ORDER

Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision
in regard to Plaintiff’s application for supplemental security income payments under Title XVI
of the Social Security Act be REVERSED and REMANDED to the Commissioner of Social
Security for further administrative proceedings including a new hearing and a new decision. The
Administrative Law Judge will give Plaintiff an opportunity to submit additional evidence;
reevaluate the medical opinion evidence; reconsider Plaintiff’s alleged symptoms; reconsider
Plaintiff’s residual functional capacity; and continue with the sequential evaluation obtaining
supplemental vocational expert evidence, as necessary.

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ORDER - [3:16-CV-06056-RSM]

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This Court hereby reverses the Commissioner’s decision under sentence four of 42
U.S.C. §405(g) with a remand of the case to the Commissioner for further proceedings. See
Melkonyan v. Sullivan, 501 U.S. 89 (1991).

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DATED this 20 day of June 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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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]

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ORDER - [3:16-CV-06056-RSM]