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Kinchen v. Barnhart
2:05-cv-01424
W.D. Wash.
Jan 3, 2006
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Docket
Case Information

*1 Case 2:05-cv-01424-RSL Document 20 Filed 01/03/06 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

KIRBY A. KINCHEN, ) CASE NO. C05-1424-RSL

)

Plaintiff, )

) v. ) ORDER )

JO ANNE B. BARNHART, )

Commissioner of Social Security, )

)

Defendant. )

____________________________________ )

Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be reversed and remanded for further administrative proceedings. On remand, the case will be assigned to a different administrative law judge (ALJ). The new ALJ will be directed to give Plaintiff an opportunity for a new hearing. The ALJ will be directed to address all medical opinions in accordance with the regulations and Social Security Ruling (SSR) 96-2p, available at 1996 WL 371488, SSR 96-5p, available at 1996 WL 371483, and SSR 96-6p, available at 1996 WL 371480. The ALJ will be directed to explain the weight given such evidence. The ALJ will be directed to give further consideration to Plaintiff’s subjective complaints and to his maximum residual functional capacity. The ALJ will be directed to obtain medical expert evidence from a ORDER

PAGE -1 *2 Case 2:05-cv-01424-RSL Document 20 Filed 01/03/06 Page 2 of 2 psychiatrist or psychologist, if necessary. The ALJ will be directed to obtain supplemental vocational expert evidence. In so doing, the ALJ will be directed to identify and resolve any conflicts between the occupational evidence provided by the vocational expert and information in the Dictionary of Occupational Titles and the Selected Characteristics of Occupations.

This case is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). DATED this 3rd day of January, 2006.

A Robert S. Lasnik United States District Judge Recommended for Entry

this 22nd day December, 2005.

s/ Mary Alice Theiler United States Magistrate Judge

Presented by:

s/ Daphne Banay Special Assistant U.S. Attorney

Attorney for Defendant

701 Fifth Ave., Ste. 2900, M/S 901

Phone: 206-615-2113

Fax: 206-615-2531

daphne.banay@ssa.gov

ORDER

PAGE -2

Case Details

Case Name: Kinchen v. Barnhart
Court Name: District Court, W.D. Washington
Date Published: Jan 3, 2006
Docket Number: 2:05-cv-01424
Court Abbreviation: W.D. Wash.
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