Fenske v. Commissioner of Social Security

Opinion

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3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 TACOMA DIVISION

10 ALICE F., Civil No. 3:19-CV-05932-MAT 11 Plaintiff,

12 vs. ORDER 13 COMMISSIONER OF SOCIAL SECURITY,

14 Defendant.

15 Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision 16 in regard to Plaintiff’s application for disability insurance benefits under Title II of the Social 17 Security Act be REVERSED and REMANDED to the Commissioner of Social Security for 18 further administrative proceedings before an Administrative Law Judge, a de novo hearing, and a 19 new decision. On remand, the ALJ will re-evaluate the medical opinion evidence, including the 20 conclusions of Dr. Ford. The ALJ will also re-evaluate the credibility, RFC, and step five 21 findings, as necessary. 22 This Court hereby reverses the Commissioner’s decision under sentence four of 42 23 U.S.C. §405(g) with a remand of the case to the Commissioner for further proceedings. See, 24 1 Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees 2 and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request 3 to this Court. 4 DATED this 27th day of March, 2020. 5 A 6 Mary Alice Theiler 7 United States Magistrate Judge

Presented by: 10

s/ Jeffrey R. McClain 11 JEFFREY R. MCCLAIN Special Assistant U.S. Attorney 12 Office of the General Counsel Social Security Administration 13 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 14 Telephone: (888) 810-7609 Fax: (206) 615-2531 15 jeffrey.mcclain@ssa.gov

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