Fisher v. Commissioner of Social Security

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 BRENDA FISHER, 8 Plaintiff, CASE NO. C23-5245-BAT 9 v. ORDER REVERSING AND REMANDING FOR FURTHER 10 COMMISSIONER OF SOCIAL SECURITY, ADMINISTRATIVE PROCEDURES 11 Defendant. 12 13 Based on the stipulation of the parties, the Court hereby ORDERS that this matter be 14 REVERSED and REMANDED to the Commissioner of Social Security for further 15 administrative proceedings. Upon remand, the Appeals Council will instruct the Administrative 16 Law Judge to offer the claimant the opportunity for a hearing; re-evaluate Plaintiff’s subjective 17 complaints; re-evaluate the medical opinions and prior administrative medical findings; continue 18 with the remaining steps of the sequential evaluation process to include obtaining vocational 19 expert testimony, as necessary; and issue a new decision. 20 This Court hereby reverses the Commissioner’s decision under sentence four of 42 21 U.S.C. § 405(g) with a remand of the case to the Commissioner for further administrative 22 // 23 // 1 proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff may be entitled to 2 reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412, upon proper request to this 3 Court. 4 DATED this 31st day of August, 2023.

5 A 6 BRIAN A. TSUCHIDA United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23