Desharnaisv.Astrue

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLEDec 6, 2011
Case No. C11-783-TSZ-BAT (W.D. Wash. Dec. 6, 2011)

Case No. C11-783-TSZ-BAT

12-06-2011

ANDY JOSEPH DESHARNAIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration Defendant.


ORDER ON REMAND

The Court, having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, docket no. 23, and the Commissioner's Status Report dated December 2, 2011, docket no. 27, does hereby find and ORDER:

(1) The Court MODIFIES and ADOPTS the Report and Recommendation.
(2) This matter is REMANDED pursuant to sentence six of 42 U.S.C. § 405(g).
(3) On remand, plaintiff shall have an opportunity to supplement the record, and the Commissioner shall conduct additional appropriate proceedings.
(4) This Court will retain jurisdiction over the case pursuant to 42 U.S.C. § 405(g). If the Commissioner's decision is again unfavorable to Mr. Desharnais, he may seek judicial review by reinstating this case, rather than filing a new complaint.
(5) The Clerk is directed to send a copy of this Order to all counsel of record and to Magistrate Judge Tsuchida.


Thomas S. Zilly


United States District Judge