Palmer v. Berryhill
Filing
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ORDER by Hon. James P. Donohue. The Court directs the Commissioner to file supplemental briefing regarding Dkt. 18 at 6 and Dkt. 20 at 6 by 10/6/2017. Plaintiff may file a supplemental reply brief due by 10/13/2017. See Order for complete directions. (AE)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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Plaintiff,
v.
ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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NO. C17-5249-JPD
KAREN A. PALMER,
This matter comes before the Court sua sponte. Plaintiff’s opening brief in this case
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argued, inter alia, that she should have been found disabled as of her 55th birthday due to the
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operation of 20 C.F.R. § 404, Subpart P, Appendix 2, Rule 202.06. Dkt. 18 at 6. The
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Commissioner’s brief did not respond to this argument, and Plaintiff noted as much in her
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reply brief. Dkt. 20 at 6.
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The rule cited by Plaintiff appears to correspond to the ALJ’s RFC assessment and
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Plaintiff’s circumstances, and the Commissioner’s silence on this issue is troubling. The Court
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therefore directs the Commissioner to file supplemental briefing on the applicability of this
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rule no later than October 6, 2017. Plaintiff may file a supplemental reply no later than
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ORDER - 1
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October 13, 2017.
DATED this 29th day of September, 2017.
A
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JAMES P. DONOHUE
Chief United States Magistrate Judge
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ORDER - 2
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