Archuleta v. Commissioner of Social Security

Filing 12

ORDER ON STIPULATED REMAND re 11 Stipulated MOTION to Remand filed by Commissioner of Social Security by Judge David W. Christel. (KEB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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JOSEPH ARCHULETA,

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Plaintiff,

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vs.

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Civil No. 3:19-CV-5294-DWC

ORDER ON STIPULATED REMAND

COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned

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case be REVERSED and REMANDED for further administrative proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge shall:

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(1) hold a de novo hearing;

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(2) evaluate the entire relevant period beginning July 11, 2013;

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(3) admit the March 2018 functional capacity evaluation into the record and evaluate the
opinion of Christina Casady, OTR;

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(4) reevaluate the opinion evidence, including the opinions of Dr. Blair, Dr. Judish, and

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PA Sumrall.

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ORDER - [3:19-CV-5294-DWC]

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(5) reevaluate the claimant’s symptom testimony;
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(6) reassess the claimant’s residual functional capacity;
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(7) continue with the sequential evaluation process, obtaining vocational expert testimony
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as necessary; and
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(8) issue a new decision.
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This case is reversed and remanded on the above grounds, and Plaintiff is entitled to
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reasonable attorney fees and expenses pursuant to 28 U.S.C. § 2412, and costs pursuant to 28
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U.S.C. § 1920, upon proper request to this Court.
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DATED this 9th day of September, 2019.
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A

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David W. Christel
United States Magistrate Judge

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Presented by:
s/ Stephen Dmetruk
STEPHEN DMETRUK
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 - [3:19-CV-5294-DWC]