Sayers v. Berryhill

UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE SARA S., Plaintiff, CASE NO. C17-5967-BAT v. ORDER REMANDING FOR 9 FURTHER ADMINISTRATIVE COMMISSIONER OF SOCIAL SECURITY, PROCEEDINGS Defendant.

12 This case is before the Court on remand from the Court of Appeals for the Ninth Circuit.

13 Pursuant to that Court’s instructions, the Court hereby ORDERS as follows: 14 This case is REMANDED to the Commissioner for further administrative proceedings as directed in the Ninth Circuit’s memorandum. Specifically, the Commissioner is directed to analyze plaintiff’s fibromyalgia-related symptoms under SSR 12-2p, and evaluate the fibromyalgia-related medical evidence under the proper legal standard. See Revels v. Berryhill, 874 F.3d 648, 654-56, 664-68 (9th Cir. 2017). The ALJ must distinguish between plaintiff’s fibromyalgia-related symptoms and other symptoms in the medical record unrelated to this diagnosis. See id. Only a reassessment of the fibromyalgia-related evidence is required.

21 DATED this 8th day of May, 2020.

22 A BRIAN A. TSUCHIDA Chief United States Magistrate Judge