Fenske v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 TACOMA DIVISION ALICE F., Civil No. 3:19-CV-05932-MAT 11 Plaintiff, 12 vs. ORDER COMMISSIONER OF SOCIAL SECURITY, 14 Defendant.

Based on the stipulation of the parties, it is ORDERED that the Commissioner’s decision in regard to Plaintiff’s application for disability insurance benefits under Title II of the Social Security Act be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings before an Administrative Law Judge, a de novo hearing, and a new decision. On remand, the ALJ will re-evaluate the medical opinion evidence, including the conclusions of Dr. Ford. The ALJ will also re-evaluate the credibility, RFC, and step five findings, as necessary.

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, Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.

DATED this 27th day of March, 2020.

A Mary Alice Theiler United States Magistrate Judge

Presented by: s/ Jeffrey R. McClain JEFFREY R. MCCLAIN Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (888) 810-7609 Fax: (206) 615-2531 [email protected]