Chow v. Commissioner of Social Security

Filing 18

ORDER GRANTING STIPULATED MOTION FOR REMAND 13 PURSUANT TO SENTENCE FOUROF 42 U.S.C. § 405(g) - finding as moot 17 Motion to Remand. Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES DISTRICT COURT

Feb 14, 2018
SEAN F. MCAVOY, CLERK

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EASTERN DISTRICT OF WASHINGTON

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JUSTINA CHOW,

No. 1:17-cv-03117-FVS

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Plaintiff,
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vs.

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

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

ECF No. 13, 17

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The parties filed a stipulated motion for remand. ECF No. 17. Attorney D.
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James Tree represents Plaintiff. Special Assistant U.S. Attorney Catherine Escobar
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represents Defendant. After consideration,
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IT IS HEREBY ORDERED:
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1.
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The parties’ Stipulated Motion for Remand (ECF No. 17) is

GRANTED.
2.

The above-captioned case is REVERSED and REMANDED to the

Commissioner of Social Security for further administrative proceeding

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pursuant to sentence four of 42 U.S.C. § 405(g). The parties agree on and

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the Court ORDERS the following terms:

ORDER FOR REMAND - 1

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On remand, the Administrative Law Judge (ALJ) will offer Plaintiff the

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opportunity for a new hearing and will issue a new decision. The ALJ will

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obtain medical expert evidence if necessary; reevaluate the medical

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evidence; reevaluate Plaintiff’s subjective allegations of pain and

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limitations; reassess the Plaintiff’s residual functional capacity; and as
warranted, obtain additional vocational evidence to reevaluate step five of
the sequential evaluation.
3.

Upon proper presentation, this Court will consider Plaintiff’s

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application for costs, expenses, and reasonable attorney’s fees under the
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Equal Access to Justice Act, 28 U.S.C. § 2412(a),(d).
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4.

Plaintiff’s motion for summary judgment (ECF No. 13) and the

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hearing and remaining briefing schedule are vacated as moot.
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The District Court Executive is directed to file this Order and provide copies
to counsel. Judgment shall be entered for Plaintiff and the file shall be CLOSED.
DATED February 14, 2018.

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s/ Fred Van Sickle
Fred Van Sickle
Senior United States District Judge

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ORDER FOR REMAND - 2