Hernandez v. Saul

Filing 19

ORDER GRANTING 18 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); Denying as moot 16 Plaintiff's Motion for Summary Judgment. Case is REVERSED and REMANDED to the Commissioner of Social Security. This file is CLOSED. Signed by Magistrate Judge John T. Rodgers. (CLP, Case Administrator)

Case 1:20-cv-03065-JTR

ECF No. 19

filed 02/17/21

PageID.1664 Page 1 of 2
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

1

Feb 17, 2021

2

SEAN F. MCAVOY, CLERK

3
4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

5
6
7

JUAN H.,

No. 1:20-CV-3065-JTR

8
v.

9
10
11
12

ANDREW M. SAUL,
COMMISSIONER OF SOCIAL
SECURITY,

13

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

Defendant.

14
15

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

16

above-captioned matter to the Commissioner for additional administrative

17

proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 18.

18

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

19

Attorney Jordan D. Goddard represents Defendant. The parties have consented to

20

proceed before a magistrate judge. ECF No. 7. After considering the file and

21

proposed order, IT IS ORDERED:

22

1.

The parties’ Stipulated Motion for Remand, ECF No. 18, is

23

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

24

Commissioner of Social Security for further administrative action pursuant to

25

sentence four of 42 U.S.C. § 405(g).

26

On remand, the Administrative Law Judge (ALJ) shall take any necessary

27

steps to develop the record, including obtaining consultative examinations, offer

28

Plaintiff the opportunity for a new hearing, and issue a new decision. The ALJ is
ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

Case 1:20-cv-03065-JTR

ECF No. 19

filed 02/17/21

PageID.1665 Page 2 of 2

1

further directed to: (1) reevaluate the opinion evidence, including the opinions of

2

N.K. Marks, Ph.D., and Aaron Burdge, Ph.D.; (2) reevaluate Plaintiff’s subjective

3

complaints; (3) reevaluate the nature and severity of Plaintiff’s mental impairments

4

using the psychiatric review technique; and (4) reassess Plaintiff’s residual

5

functional capacity and how the limitations affect his occupational base. The ALJ

6

may obtain medical or vocational expert evidence if warranted.

7

2.

Judgment shall be entered for PLAINTIFF.

8

3.

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

9

STRICKEN AS MOOT.

10

4.

11

motion.

12
13
14

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.

15
16
17

_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING STIPULATED MOTION FOR REMAND - 2