Ehlert v. Commissioner of Social Security

Filing 18

ORDER GRANTING STIPULATED MOTION FOR REMAND, dismissing as moot 13 Motion for Summary Judgment; and granting 17 Motion to Remand. Case remanded to Administrative Law Judge. Case is CLOSED. Signed by Judge Stanley A Bastian. (LR, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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8 JERRI EHLERT,

No. 1:17-cv-03010-SAB

Plaintiff,

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v.

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11 COMMISSIONER OF SOCIAL

ORDER GRANTING STIPULATED
MOTION FOR REMAND

12 SECURITY,
Defendant.

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Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 17.

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16 The motion was heard without oral argument.
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The parties stipulate that the above-captioned case be reversed and

18 remanded to the Commissioner of Social Security for further administrative
19 proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C.
20 § 405(g). The parties agree that reasonable attorney fees should be awarded under
21 the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the
22 Court.
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Accordingly, IT IS HEREBY ORDERED:

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1. The parties’ Stipulated Motion for Remand, ECF No. 17, is

25 GRANTED.
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2. The decision denying benefits is reversed and remanded for further

27 administrative proceedings. On remand, the ALJ shall offer Plaintiff an
28 opportunity for a new hearing, further develop the record, and issue a new
ORDER GRANTING STIPULATED MOTION FOR REMAND + 1

1 decision. The ALJ shall also:
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 Reevaluate Plaintiff’s degenerative disc disease under Listing 1.04 with
the assistance of medical expert testimony, if necessary; and

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 Reassess the remaining steps of the sequential evaluation process with

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the assistance of vocational expert evidence and determine whether the

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vocational expert evidence is consistent with the Dictionary of

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Occupational Titles pursuant to Social Security Ruling 00-4p.

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3. This remand is made pursuant to sentence four of 42 U.S.C. § 405(g).

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4. Plaintiff’s Motion for Summary Judgment, ECF No. 13, is DISMISSED

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5. The District Court Executive is directed to enter judgment in favor of

12 Plaintiff and against Defendant.
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IT IS SO ORDERED. The District Court Executive is hereby directed to

14 file this Order, provide copies to counsel, enter judgment, and close this file.
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DATED this 11th day of September 2017.

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Stanley A. Bastian

United States District Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND + 2