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Paul N. v. Commissioner of Social Security, 3:19-CV-5431-MAT. (2019)

Court: District Court, D. Washington Number: infdco20190821f71 Visitors: 6
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER MARY ALICE THEILER , Magistrate Judge . Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). On remand, the agency will affirm the finding of disability beginning on October 6, 2017, and assign the case to a different administrative law judge than issued the February 27, 2019 decision to: (1) offer the claimant the opportunity for a d
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ORDER

Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the agency will affirm the finding of disability beginning on October 6, 2017, and assign the case to a different administrative law judge than issued the February 27, 2019 decision to:

(1) offer the claimant the opportunity for a de novo hearing; (2) further consider the medical opinions from all treating, examining, non-examining, and non-acceptable medical sources, including, but not limited to, the opinions of Drs. Eisenhauer and Clifford, pursuant to 20 C.F.R. § 416.927; (3) further consider the claimant's residual functional capacity; (4) obtain supplemental vocational expert evidence; and (5) issue a new decision for the period prior to October 6, 2017.

This case is reversed and remanded on the above grounds, and Plaintiff is entitled to reasonable attorney fees and expenses pursuant to 28 U.S.C. § 2412, and costs pursuant to 28 U.S.C. § 1920, upon proper request to this Court.

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: (206) 615-3725 Fax: (206) 615-2531 stephen.dmetruk@ssa.gov
Source:  Leagle

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