Strocsher v. Saul

Filing 22

ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) ECF No. 21 and striking as moot ECF No. 16 Plaintiff's Motion for Summary Judgment. File closed. Signed by Magistrate Judge John T. Rodgers. (PH, Case Administrator)

Case 1:20-cv-03049-JTR

ECF No. 22

filed 02/17/21

PageID.2685 Page 1 of 2

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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ELIZABETH S.,

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v.
ANDREW M. SAUL,
COMMISSIONER OF SOCIAL
SECURITY,

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SEAN F. MCAVOY, CLERK

No. 1:20-CV-3049-JTR

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Feb 17, 2021

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

Defendant.

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BEFORE THE COURT is the parties’ stipulated motion to remand the

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above-captioned matter to the Commissioner for additional administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 21.

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Attorney D. James Tree represents Plaintiff; Special Assistant United States

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Attorney Katherine B. Watson represents Defendant. The parties have consented

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to proceed before a magistrate judge. ECF No. 6. After considering the file and

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proposed order, IT IS ORDERED:

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1.

The parties’ Stipulated Motion for Remand, ECF No. 21, is

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

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Commissioner of Social Security for further administrative action 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) will not disturb the

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partially favorable portion of the prior decision which found Plaintiff disabled as of

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August 27, 2014. With respect to the period from June 1, 2010, the amended
ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

Case 1:20-cv-03049-JTR

ECF No. 22

filed 02/17/21

PageID.2686 Page 2 of 2

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disability onset date, through August 26, 2014, the date prior to the day Plaintiff

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was found disabled, the ALJ shall offer Plaintiff the opportunity for a new hearing

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and issue a new decision. The ALJ is directed to: (1) reevaluate the medical

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opinion evidence; (2) reconsider Plaintiff’s residual functional capacity for that

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period; and (3) obtain vocational expert evidence, if warranted.

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2.

Judgment shall be entered for PLAINTIFF.

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3.

Plaintiff’s Motion for Summary Judgment, ECF No. 16, is

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STRICKEN AS MOOT.

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4.

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motion.

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An application for attorney fees and costs may be filed by separate

The District Court Executive is directed to enter this Order, forward copies
to counsel, and CLOSE THE FILE.
DATED February 17, 2021.

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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING STIPULATED MOTION FOR REMAND - 2