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