Schmitz v. Commissioner of Social Security

Filing 20

ORDER Granting 19 Stipulated Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g); striking as moot ECF No. 15 Plaintiff's Motion for Summary Judgment. Signed by Magistrate Judge Mary K. Dimke. (PL, Case Administrator)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7

LESLIE SCHMITZ,

8
9
10

Plaintiff,
vs.
COMMISSIONER
SECURITY,

11
12

No. 1:17-CV-03055-MKD

OF

SOCIAL

ORDER GRANTING
STIPULATED MOTION FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. §
405(g)
ECF Nos. 15, 19

Defendant.
BEFORE THE COURT is the parties’ Stipulated Motion for Remand (ECF

13

No. 19) of the above-captioned matter to the Commissioner for additional

14

administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).

15

Attorney D. James Tree represents Plaintiff. Attorney Justin Martin represents

16

Defendant. The parties have consented to proceed before a magistrate judge. ECF

17

No. 3. After considering the file and proposed order, IT IS HEREBY

18

ORDERED:

19
20

1. The parties’ Stipulated Motion for Remand (ECF No. 19) is
GRANTED.

ORDER - 1

1

2. The above-captioned case is REVERSED and REMANDED to the

2

Commissioner of Social Security for further administrative proceeding pursuant to

3

sentence four of 42 U.S.C. § 405(g).

4

On remand the administrative law judge (ALJ) shall hold a new hearing and:

5

(1) consider the new and material evidence from Dr. Burkett and Yakima Valley

6

Memorial Hospital; (2) reconsider whether Plaintiff has an impairment that meets

7

or equals a Listing in 20 CFR Part 404, Subpart P, Appendix 1; (3) reassess

8

Plaintiff’s residual functional capacity, if necessary; (4) obtain supplemental

9

evidence from a vocational expert; (5) offer Plaintiff a supplemental hearing; and

10

(6) issue a new decision.

11

3. Judgment shall be entered for PLAINTIFF.

12

4. Plaintiff’s Motion for Summary Judgment (ECF No. 15) is STRICKEN

13

AS MOOT.

14

5. Upon proper presentation, this Court will consider Plaintiff’s application

15

for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

16
17
18

The District Court Executive is directed to enter this Order, enter
Judgment, forward copies to counsel, and CLOSE THE FILE.
DATED October 23, 2017.

19

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES MAGISTRATE JUDGE

20

ORDER - 2