Shoemaker v. Berryhill

Filing 17

ORDER REVERSING THE COMMISSIONER'S DECISION by Hon. Brian A Tsuchida. (AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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PAUL SHOEMAKER,

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Plaintiff,

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vs.

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Civil No. 3:17-CV-05556-BAT

ORDER

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision
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in regard to Plaintiff’s application for disability insurance benefits under Title II of the Social

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Security Act be REVERSED and REMANDED to the Commissioner of Social Security for

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further administrative proceedings including a new hearing and a new decision. The
Administrative Law Judge will evaluate, discuss and assign appropriate weight to the opinion of

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Shaila Kode, M.D.; and reconsider the medical evidence, Plaintiff’s impairments at step two,

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Plaintiff’s symptom allegations, the lay witness statements, the residual functional capacity, and

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steps four and five, as necessary.
This Court hereby reverses the Commissioner’s decision under sentence four of 42

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U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See
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Melkonyan v. Sullivan, 501 U.S. 89 (1991).

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ORDER - [3:17-CV-05556-BAT]

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DATED this 17th day of January 2018.
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A

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BRIAN A. TSUCHIDA
United States Magistrate 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 - [3:17-CV-05556-BAT]