Luna v. Commissioner of Social Security

Filing 21

ORDER granting 20 Stipulated Motion for Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and Closing File. Plaintiff's 16 Motion for Summary Judgment is stricken as moot. Case is remanded to the Commissioner for further administrative proceedings. Signed by Magistrate Judge Mary K. Dimke. (KW, Case Administrator)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 TRINA LUNA, 8 9 10 Plaintiff, vs. COMMISSIONER SECURITY, 11 12 No. 1:17-cv-03080-MKD OF SOCIAL ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE ECF Nos. 16, 20 Defendant. BEFORE THE COURT is the parties’ Stipulated Motion for Remand (ECF 13 No. 20) 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 Sarah Martin represents 16 Defendant. The parties have consented to proceed before a magistrate judge. ECF 17 No. 7. After considering the file and proposed order, IT IS HEREBY 18 ORDERED: 19 20 1. The parties’ Stipulated Motion for Remand (ECF No. 20) 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 de novo hearing, 5 further develop the record, and issue a new decision in regard to Plaintiff’s 6 application for Disability Insurance Benefits and Supplemental Security Income 7 under Titles II and XVI of the Social Security Act. The ALJ shall also: (1) 8 reevaluate Plaintiff’s fibromyalgia pursuant to Social Security Ruling 12-2p; (2) 9 reevaluate the opinion evidence; (3) reassess Plaintiff’s symptoms pursuant to 10 Social Security Ruling 16-3p; (4) if warranted, reassess Plaintiff’s residual 11 functional capacity; and (5) obtain vocational expert evidence at step five. 12 3. Judgment shall be entered for PLAINTIFF. 13 4. Plaintiff’s Motion for Summary Judgment (ECF No. 16) is STRICKEN 14 AS MOOT. 15 5. Upon proper presentation, this Court will consider Plaintiff’s application 16 for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 17 18 19 The District Court Executive is directed to enter this Order, enter Judgment, forward copies to counsel, and CLOSE THE FILE. DATED October 26, 2017. 20 s/Mary K. Dimke MARY K. DIMKE UNITED STATES MAGISTRATE JUDGE ORDER - 2

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