Gray v. Berryhill

Filing 26

ORDER re parties' 24 Stipulated Motion to Remand; the Commissioner's decision in regard to Plaintiffs applications for disability insurance benefits, a period of disability, and supplemental security income under Titles II and XVI of the Social Security Act be REVERSED and REMANDED, signed by Judge Robert S. Lasnik. (SWT)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 DEXTER O. GRAY, 11 Plaintiff, 12 vs. Civil No. 3:17-CV-05230-RSL-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 in 16 regard to Plaintiff’s applications for disability insurance benefits, a period of disability, and 17 supplemental security income under Titles II and XVI of the Social Security Act be REVERSED and 18 REMANDED to the Commissioner of Social Security for de novo hearing pursuant to sentence four 19 of 42 U.S.C. § 405(g). On remand, the ALJ will reconsider whether Plaintiff meets or equals Listing 20 21 22 2.03 or 2.04 in 20 CFR Part 404, Subpart P, Appendix 1; if necessary will reconsider Plaintiff’s residual functional capacity and his testimony; if necessary will obtain supplemental evidence from a vocational expert; and will issue a new decision. 23 24 Page 1 ORDER - [3:17-CV-05230-RSL-TLF] 1 Dated this 13th day of December, 2017. 2 3 A Robert S. Lasnik 4 United States District Judge 5 6 Presented by: 7 s/ Kathy Reif KATHY REIF 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) 615-3851 Fax: (206) 615-2531 kathy.reif@ssa.gov 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 ORDER - [3:17-CV-05230-RSL-TLF]

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