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)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 UNITED STATES DISTRICT COURT Feb 14, 2018 SEAN F. MCAVOY, CLERK 2 EASTERN DISTRICT OF WASHINGTON 3 JUSTINA CHOW, No. 1:17-cv-03117-FVS 4 Plaintiff, 5 6 7 vs. ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) COMMISSIONER OF SOCIAL SECURITY, 8 Defendant. ECF No. 13, 17 9 10 The parties filed a stipulated motion for remand. ECF No. 17. Attorney D. 11 James Tree represents Plaintiff. Special Assistant U.S. Attorney Catherine Escobar 12 represents Defendant. After consideration, 13 IT IS HEREBY ORDERED: 14 1. 15 16 17 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 18 pursuant to sentence four of 42 U.S.C. § 405(g). The parties agree on and 19 the Court ORDERS the following terms: ORDER FOR REMAND - 1 1 On remand, the Administrative Law Judge (ALJ) will offer Plaintiff the 2 opportunity for a new hearing and will issue a new decision. The ALJ will 3 obtain medical expert evidence if necessary; reevaluate the medical 4 evidence; reevaluate Plaintiff’s subjective allegations of pain and 5 6 7 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 8 application for costs, expenses, and reasonable attorney’s fees under the 9 Equal Access to Justice Act, 28 U.S.C. § 2412(a),(d). 10 4. Plaintiff’s motion for summary judgment (ECF No. 13) and the 11 hearing and remaining briefing schedule are vacated as moot. 12 13 14 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. 15 16 s/ Fred Van Sickle Fred Van Sickle Senior United States District Judge 17 18 19 ORDER FOR REMAND - 2

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