Palmer v. Berryhill

Filing 21

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 13 14 NO. C17-5249-JPD KAREN A. PALMER, This matter comes before the Court sua sponte. Plaintiff’s opening brief in this case 15 argued, inter alia, that she should have been found disabled as of her 55th birthday due to the 16 operation of 20 C.F.R. § 404, Subpart P, Appendix 2, Rule 202.06. Dkt. 18 at 6. The 17 Commissioner’s brief did not respond to this argument, and Plaintiff noted as much in her 18 reply brief. Dkt. 20 at 6. 19 The rule cited by Plaintiff appears to correspond to the ALJ’s RFC assessment and 20 Plaintiff’s circumstances, and the Commissioner’s silence on this issue is troubling. The Court 21 therefore directs the Commissioner to file supplemental briefing on the applicability of this 22 rule no later than October 6, 2017. Plaintiff may file a supplemental reply no later than 23 24 ORDER - 1 1 2 October 13, 2017. DATED this 29th day of September, 2017. A 3 4 JAMES P. DONOHUE Chief United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER - 2

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