SHAUGHNESSY v. BERRYHILL

Case No. C16-5656-JCC.

PAUL SHAUGHNESSY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Paul Shaughnessy, Plaintiff, represented by Amy Gilbrough , DOUGLAS DRACHLER MCKEE & GILBROUGH LLP.

Carolyn W. Colvin, Defendant, represented by Kerry Jane Keefe , US ATTORNEY'S OFFICE & Terrye Erin Shea , SOCIAL SECURITY ADMINISTRATION.


ORDER

JOHN C. COUGHENOUR, District Judge.

The parties stipulate that the above-captioned case be reversed and remanded to the Commissioner of Social Security (Commissioner) for further administrative proceedings and a new decision. Under sentence four of 42 U.S.C. Section 405(g), this Court has the power "to enter upon the pleadings and transcript of the record a judgment affirming, modifying, or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing."

Upon remand, the Appeals Council will instruct the Administrative Law Judge to attempt to update the record by requesting the claimant's federal retirement documentation and any additional records from treating physician John Swan, M.D.; reconsider the medical source opinions from Dr. Swan and consultative examiner Donald Ramsthel, M.D.; reassess the claimant's residual functional capacity; and as necessary, proceed with the remaining steps of the sequential evaluation process, including obtaining vocational testimony.

Upon proper application, Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

It is so ORDERED.

FootNotes


1. Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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