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Brandy B. v. Commissioner of Social Security, 3:18-cv-05991-MAT. (2019)

Court: District Court, D. Washington Number: infdco20190820h34 Visitors: 5
Filed: Aug. 19, 2019
Latest Update: Aug. 19, 2019
Summary: ORDER OF REMAND 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 Appeals Council will first consider whether it is able to issue a decision. If the Appeals Council is unable to issue a decision, the Appeals Council will remand to an Administrative Law Judge to obtain additional evide
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ORDER OF REMAND

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 Appeals Council will first consider whether it is able to issue a decision. If the Appeals Council is unable to issue a decision, the Appeals Council will remand to an Administrative Law Judge to obtain additional evidence from a medical expert; further consider whether Plaintiff's impairments met or equaled a Listing, including Listing 11.03; reconsider Plaintiff's residual functional capacity, in light of the updated record; and issue a new decision.

Upon proper application, the Court will consider whether reasonable attorney fees should be awarded pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

Source:  Leagle

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