Matthews v. Commissioner Social Security Administration, No. 6:2016cv00067 - Document 24 (D. Or. 2016)
Court Description: OPINION AND ORDER. The Stipulated Motion for Remand (ECF # 23 ) is GRANTED. Accordingly, the Commissioner's decision is reversed and this case is remanded to the Commissioner of the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings and a new decision, as set forth above. Signed on 11/23/2016 by Magistrate Judge Youlee Yim You. (pvh)
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Matthews v. Commissioner Social Security Administration Doc. 24 UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION BRENDA MATTHEWS, Plaintiff, 6:16-CV-00067-YY v. OPINION AND ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. YOU, Magistrate Judge: Plaintiff, Brenda Matthews, seeks reversal of the Social Security Commissioner’s final decision denying her application for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. § 401-33. This court has jurisdiction under 42 U.S.C. § 405(g). All parties consented to entry of final judgment by a Magistrate Judge in accordance with FRCP 73 and 28 U.S.C. § 636(c). ECF #9. The parties have submitted a Stipulated Motion for Remand (ECF #23). Based on the parties’ stipulation, the Commissioner’s final decision is reversed and this case is remanded to the Commissioner of the Social Security Administration for further 1 – OPINION AND ORDER Dockets.Justia.com proceedings and a new decision with respect to Plaintiff’s application for disability insurance benefits under Title II of the Social Security Act. On remand, the Commissioner shall: 1. Affirm the finding of disability as of February 1, 2014, the date the claimant turned age 55 and became disabled under Medical-Vocational Rule 202.02. 2. With respect to the period prior to February 1, 2014: a. Develop the record as necessary and hold a de novo hearing; b. Re-evaluate the opinion evidence and, if warranted, obtain evidence from a psychological expert; c. Re-evaluate the claimant’s alleged subjective complaints and symptoms; d. Evaluate the lay witness evidence; e. Re-assess the claimant’s residual functional capacity; f. If warranted, obtain evidence from a vocational expert to clarify the effect of the assessed limitations on the occupational base; and g. Issue a new decision. Plaintiff shall be entitled to move for reasonable attorney fees and costs, pursuant to 28 U.S.C. § 2412(d). ORDER The Stipulated Motion for Remand (ECF #23) is GRANTED. Accordingly, the Commissioner’s decision is reversed and this case is remanded to the Commissioner of the /// /// 2 – OPINION AND ORDER Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings and a new decision, as set forth above. DATED November 23, 2016. /s/Youlee Yim You Youlee Yim You United States Magistrate Judge 3 – OPINION AND ORDER
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