Dawson v. Berryhill
Filing
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ORDER re 15 Stipulated Motion to Remand signed by Hon. Brian A Tsuchida. (KMP)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION
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DON E. DAWSON,
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Plaintiff,
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vs.
Civil No. 3:18-CV-05284
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ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision
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be REVERSED and REMANDED to the Commissioner for further administrative proceedings.
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On remand, the Appeals Council will direct the Administrative Law Judge to hold a de
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novo hearing, conduct a complete, new sequential evaluation of Dawson’s disability claim, and
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issue a new decision. The administrative law judge will ensure the Agency makes reasonable
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efforts to obtain records from the claimant’s primary care provider, Don Allison, M.D., in
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accordance with 20 C.F.R. § 404.1512(b); reevaluate the medical opinion evidence; as necessary,
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reassess the claimant’s maximum residual functional capacity; and if warranted by the expanded
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record, obtain supplemental vocational expert testimony to clarify the effect of the assessed
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ORDER - [3:18-CV-05284]
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limitations on the claimant’s ability to perform his past relevant work and other work in the
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national economy. The parties agree that no specific aspect of the Commissioner’s final decision
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is affirmed.
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This Court hereby reverses the Commissioner’s decision under sentence four of 42 U.S.C.
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§ 405(g) with a remand of the case to the Commissioner for further administrative proceedings.
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See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
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DATED this 29th day of October, 2018.
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A
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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge
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Presented by:
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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
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ORDER - [3:18-CV-05284]
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