Berry v. Comm'r of Soc. Sec.

Full title: DARLA BERRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY,

Court: United States District Court, Western District of Washington

Date published: Dec 17, 2021

Civil 3:20-CV-06234-MLP (W.D. Wash. Dec. 17, 2021)

Opinion

Civil 3:20-CV-06234-MLP

12-17-2021

DARLA BERRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY,

DANIELLE R. MROCZEK Special Assistant United States Attorney Office of the General Counsel Social Security Administration.

MICHELLE L. PETERSON, United States Magistrate Judge.

DANIELLE R. MROCZEK Special Assistant United States Attorney Office of the General Counsel Social Security Administration.

ORDER

MICHELLE L. PETERSON, United States Magistrate Judge.

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). On remand, the Appeals Council will assign the case to a different administrative law judge (ALJ), who will obtain medical expert evidence; reconsider the opinion evidence; further evaluate the claimant's alleged symptoms; reconsider the claimant's residual functional capacity; if warranted, obtain vocational expert evidence; offer the claimant the opportunity for a de novo hearing; and issue a new decision.

The parties' Stipulated Motion for Remand renders as moot the Order Requesting Supplemental Briefing from Defendant (ECF No. 26).

This case is reversed and remanded on the above grounds, and Plaintiff is entitled to reasonable attorney fees and expenses pursuant to 28 U.S.C. § 2412, and costs pursuant to 28 U.S.C. § 1920, upon proper request to this Court.