Luna v. Commissioner of Social Security
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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TRINA LUNA,
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Plaintiff,
vs.
COMMISSIONER
SECURITY,
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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
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No. 20) of the above-captioned matter to the Commissioner for additional
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administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).
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Attorney D. James Tree represents Plaintiff. Attorney Sarah Martin represents
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Defendant. The parties have consented to proceed before a magistrate judge. ECF
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No. 7. After considering the file and proposed order, IT IS HEREBY
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ORDERED:
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1. The parties’ Stipulated Motion for Remand (ECF No. 20) is
GRANTED.
ORDER - 1
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2. The above-captioned case is REVERSED and REMANDED to the
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Commissioner of Social Security for further administrative proceeding pursuant to
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sentence four of 42 U.S.C. § 405(g).
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On remand the administrative law judge (ALJ) shall hold a de novo hearing,
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further develop the record, and issue a new decision in regard to Plaintiff’s
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application for Disability Insurance Benefits and Supplemental Security Income
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under Titles II and XVI of the Social Security Act. The ALJ shall also: (1)
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reevaluate Plaintiff’s fibromyalgia pursuant to Social Security Ruling 12-2p; (2)
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reevaluate the opinion evidence; (3) reassess Plaintiff’s symptoms pursuant to
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Social Security Ruling 16-3p; (4) if warranted, reassess Plaintiff’s residual
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functional capacity; and (5) obtain vocational expert evidence at step five.
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3. Judgment shall be entered for PLAINTIFF.
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4. Plaintiff’s Motion for Summary Judgment (ECF No. 16) is STRICKEN
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AS MOOT.
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5. Upon proper presentation, this Court will consider Plaintiff’s application
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for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
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The District Court Executive is directed to enter this Order, enter
Judgment, forward copies to counsel, and CLOSE THE FILE.
DATED October 26, 2017.
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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES MAGISTRATE JUDGE
ORDER - 2
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