Dawson v. Berryhill

Filing 16

ORDER re 15 Stipulated Motion to Remand signed by Hon. Brian A Tsuchida. (KMP)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 8 9 10 DON E. DAWSON, 11 Plaintiff, 12 vs. Civil No. 3:18-CV-05284 13 ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 14 15 Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision 16 be REVERSED and REMANDED to the Commissioner for further administrative proceedings. 17 On remand, the Appeals Council will direct the Administrative Law Judge to hold a de 18 novo hearing, conduct a complete, new sequential evaluation of Dawson’s disability claim, and 19 issue a new decision. The administrative law judge will ensure the Agency makes reasonable 20 efforts to obtain records from the claimant’s primary care provider, Don Allison, M.D., in 21 accordance with 20 C.F.R. § 404.1512(b); reevaluate the medical opinion evidence; as necessary, 22 reassess the claimant’s maximum residual functional capacity; and if warranted by the expanded 23 record, obtain supplemental vocational expert testimony to clarify the effect of the assessed Page 1 ORDER - [3:18-CV-05284] 1 limitations on the claimant’s ability to perform his past relevant work and other work in the 2 national economy. The parties agree that no specific aspect of the Commissioner’s final decision 3 is affirmed. 4 This Court hereby reverses the Commissioner’s decision under sentence four of 42 U.S.C. 5 § 405(g) with a remand of the case to the Commissioner for further administrative proceedings. 6 See Melkonyan v. Sullivan, 501 U.S. 89 (1991). 7 DATED this 29th day of October, 2018. 8 9 A 10 BRIAN A. TSUCHIDA Chief United States Magistrate Judge 11 12 Presented by: 13 s/ Joseph J. Langkamer JOSEPH J. LANGKAMER 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) 615-2212 Fax: (206) 615-2531 joseph.langkamer@ssa.gov 14 15 16 17 18 19 20 21 22 23 Page 2 ORDER - [3:18-CV-05284]

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