King v. Colvin, No. 2:2015cv00001 - Document 20 (E.D. Wash. 2015)

Court Description: DECISION AND ORDER. Granting 19 Motion to Remand; finding as moot 17 Motion to Extend Social Security Deadlines. Signed by Magistrate Judge Victor E. Bianchini. (MO, Courtroom Deputy)

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King v. Colvin Doc. 20 1 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON 6 7 8 KARI ANNE KING, 9 Civil No. 2:15-cv-00001-VEB Plaintiff, 10 DECISION AND ORDER vs. 11 12 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 13 Defendant. 14 15 Upon the Stipulation of the parties and this Court having giving the matter due deliberation, 16 It is hereby ORDERED that the Motion to Remand (Docket No. 19) is 17 18 GRANTED and this case is reversed and remanded to the Commissioner of 19 Social Security for further administrative proceedings, including a de novo 20 hearing and a new decision. 42 U.S.C. § 405(g) [sentence 4]. 21 On remand, the Administrative Law Judge will be instructed to consider the 22 materiality of the additional evidence submitted; further evaluate the third party 23 statement of Kathleen Leclair in accordance with Social Security Ruling 06-3p; Page 1 ORDER - [2:15-cv-00001-VEB] Dockets.Justia.com 1 further evaluate the claimant’s residual functional capacity (20 C.F.R. § 404.1545 2 3 and Social Security Rulings 85-16 and 96-8p); further evaluate the claimant’s 4 subjective complaints in accordance with 20 C.F.R. § 404.1529 and Social 5 Security Ruling 96-7p; at Step 4, further evaluate the claimant’s past relevant 6 work to determine if the claimant performed the work long enough to acquire the 7 necessary skills according to the Dictionary of Occupational Titles; and if 8 warranted, obtain supplemental evidence from a vocational expert to clarify the 9 effects of the assessed limitations on the claimant’s occupational base (Social 10 11 Security Rulings 83-14, 85-15, and 00-4p). 12 Plaintiff will be entitled to reasonable attorneys’ fees and costs on 13 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon 14 proper request to the Court. 15 The parties’ Motion to Extend Social Security Deadlines (Docket 16 No. 17) is DENIED as moot. 17 The Clerk of the Court shall CLOSE this case, without prejudice to a 18 19 properly application for attorneys’ fees by Plaintiff. 20 DATED this 25th day of September, 2015. 21 /s/Victor E. Bianchini Victor E. Bianchini United States Magistrate Judge 22 23 Page 2 ORDER - [2:15-cv-00001-VEB]

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