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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 8 JERRI EHLERT, No. 1:17-cv-03010-SAB Plaintiff, 9 v. 10 11 COMMISSIONER OF SOCIAL ORDER GRANTING STIPULATED MOTION FOR REMAND 12 SECURITY, Defendant. 13 14 Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 17. 15 16 The motion was heard without oral argument. 17 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. 23 Accordingly, IT IS HEREBY ORDERED: 24 1. The parties’ Stipulated Motion for Remand, ECF No. 17, is 25 GRANTED. 26 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: 2 3  Reevaluate Plaintiff’s degenerative disc disease under Listing 1.04 with the assistance of medical expert testimony, if necessary; and 4  Reassess the remaining steps of the sequential evaluation process with 5 the assistance of vocational expert evidence and determine whether the 6 vocational expert evidence is consistent with the Dictionary of 7 Occupational Titles pursuant to Social Security Ruling 00-4p. 8 3. This remand is made pursuant to sentence four of 42 U.S.C. § 405(g). 9 4. Plaintiff’s Motion for Summary Judgment, ECF No. 13, is DISMISSED 10 AS MOOT. 11 5. The District Court Executive is directed to enter judgment in favor of 12 Plaintiff and against Defendant. 13 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. 15 DATED this 11th day of September 2017. 16 17 18 19 20 21 22 Stanley A. Bastian United States District Judge 23 24 25 26 27 28 ORDER GRANTING STIPULATED MOTION FOR REMAND + 2

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