JORDT v. BERRYHILL

Case No. 3:16-CV-05837-JRC.

COURTNEY T. JORDT, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.

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

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Courtney T. Jordt, Plaintiff, represented by Eitan Kassel Yanich , LAW OFFICES OF EITAN KASSEL PLLC.

Nancy A. Berryhill, Defendant, represented by Kerry Jane Keefe , US ATTORNEY'S OFFICE & David J. Burdett , SOCIAL SECURITY ADMINISTRATION.


ORDER GRANTING STIPULATED REMAND

J. RICHARD CREATURA, Magistrate Judge.

This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6. This matter is before the Court on defendant's stipulated motion to remand the matter to the Acting Commissioner for further consideration. Dkt. 15.

After reviewing defendant's stipulated motion and the remaining record, the Court grants defendant's motion, and reverses and remands this matter to the Acting Commissioner.

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). If the Appeals Council does not issue a fully favorable decision, the Administrative Law Judge will reevaluate whether the plaintiff's impairments meet or equal a listing, with references to the specific requirements of the listings considered, as well as the evidence of record; reevaluate the medical source opinions, and explain the weight afforded to each of these opinions; reassess the claimant's residual functional capacity; and, if necessary, obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the occupational base.

Following proper application, plaintiff shall be eligible for attorneys' fees under the Equal Access to Justice Act, 24 U.S.C. § 2412 et seq.

Given the facts and the parties' stipulation, the Court hereby orders that the case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).


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