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Russell v. Colvin

United States District Court, W.D. Washington, Seattle

October 27, 2014

KERRY L. RUSSELL, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

JOHN C. COUGHENOUR, District Judge.

Based on the stipulation of the parties, it is ORDERED that the Commissioner's decision in regard to Plaintiff's application for benefits under Title XVI 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 reassess the residual functional capacity assessment and obtain supplemental evidence from a vocational expert to clarify the effects of the assessed limitations (specifically, the limitation to "limited or no contact with the public") on the occupational base. This Court is not ruling on the parts of the ALJ's decision not specifically addressed in this Order.

This Court hereby reverses the Commissioner's decision under sentence four of 42 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.


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