Caldwell v. Berryhill
ORDER granting 12 Stipulated Motion to Remand by Judge J Richard Creatura.(SH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
RICHARD ARTHUR CALDWELL,
CASE NO. 3:17-cv-05178 JRC
ORDER GRANTING STIPULATED
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Order on Consent, Dkt. 13. This matter is before the
Court on defendant’s stipulated motion to remand the matter to the Acting Commissioner for
further consideration. Dkt. 12.
After reviewing defendant’s stipulated motion and the remaining record, the Court grants
defendant’s motion, and reverses and remands this matter to the Acting Commissioner.
Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision
be REVERSED and REMANDED to the Acting Commissioner of Social Security for further
ORDER GRANTING STIPULATED REMAND - 1
administrative proceedings. On remand, the administrative law judge (ALJ) will conduct de
novo the sequential evaluation process. If available and warranted, the ALJ will consider
obtaining expert evidence to address medical or vocational issues.
This Court hereby reverses the Commissioner’s decision pursuant to sentence four of 42
U.S.C. § 405(g) with a remand of the case to the Acting Commissioner for further proceedings.
See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d), following proper request to this Court.
Given the facts and the parties’ stipulation, the Court hereby orders that the case be
REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
Dated this 5th day of June, 2017.
J. Richard Creatura
United States Magistrate Judge
ORDER GRANTING STIPULATED REMAND - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?