Mackey v. Commissioner of Social Security

Filing 22

ORDER GRANTING STIPULATED MOTION FOR REMAND - denying as moot 14 Motion for Summary Judgment; and granting 21 Motion to Remand. Case remanded to ALJ. Signed by Judge Salvador Mendoza, Jr. (CC, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

UNITED STATES DISTRICT COURT Feb 16, 2017
EASTERN DISTRICT OF WASHINGTON SEAN F. M AVOY, CLERK

1

C

2
SHEILA MACKEY,

No. 1:16-CV-3094-SMJ

3
Plaintiff,
ORDER GRANTING
STIPULATED MOTION FOR
REMAND

4
v.
5
6
7

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

8
Before the Court, without oral argument, is the parties’ Stipulated Motion for
9
Remand. ECF No. 21. This action concerns Plaintiff Mackey’s appeal from a final
10
administrative decision denying her application for Social Security Disability and
11
Supplemental Security Income following a hearing in the above-captioned case on
12
March 22, 2016. ECF No. 3 at 1–2. That decision became the final determination
13
of the Commissioner of Social Security when the Appeals Council denied the
14
request to review the ALJ’s decision. ECF No. 10-2 at 1. Pursuant to 42 U.S.C.
15
§405(g) and 42 U.S.C. § 1383(c)(3), Plaintiff sought judicial review of the
16
Commissioner’s decision.
17
Invoking sentence four of 42 U.S.C. §405(g), the parties now request that this
18
Court reverse the Commissioner’s final determination and remand the matter for
19
20

ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

1

further administrative proceedings and a new decision.1 ECF No. 21. Plaintiff,

2

through her counsel of record, does not oppose this motion. Id. at 2. Having

3

reviewed the pleadings and the file in this matter, the Court is fully informed and

4

GRANTS the motion.

5

Accordingly, IT IS HEREBY ORDERED:

6

1.

Defendant’s Stipulated Motion for Remand, ECF No. 21, is
GRANTED.

7
2.

8

The Court REVERSES the Commissioner’s final determination, see

9

Shalala v. Schaefer, 509 U.S. 292 (1993), and REMANDS this case,

10

see sentence four of 42 U.S.C. § 405(g), for further administrative

11

proceedings and a new decision.
3.

12

The ALJ is instructed to hold a new hearing and to reevaluate the

13

claimant’s testimony and the medical opinions, including the opinions

14

of Dr. Toews, Dr. Billings, and PA-C Spitler, consistent with the

15

Court’s remand order and, as necessary, continue with the sequential

16

evaluation process.

17
18
19
20

1

Sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405 (g), states: “The
court shall have power to enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or
without remanding the cause for a rehearing.”

ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

4.

1

The Clerk is directed to ENTER JUDGMENT in accordance with
Federal Rule of Civil Procedure 58.

2
3

5.

All pending motions are DENIED AS MOOT.

4

6.

All hearings and other deadlines are STRICKEN.

5

7.

The Clerk’s Office is directed to CLOSE this file.

6

IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

7

provide copies to all counsel.
DATED this 16th day of February 2017.

8

__________________________
SALVADOR MENDOZA, JR.
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20

ORDER GRANTING STIPULATED MOTION FOR REMAND 3