Hernandez v. Saul
Filing
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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
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Feb 17, 2021
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SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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JUAN H.,
No. 1:20-CV-3065-JTR
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v.
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ANDREW M. SAUL,
COMMISSIONER OF SOCIAL
SECURITY,
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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. 18.
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Attorney D. James Tree represents Plaintiff; Special Assistant United States
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Attorney Jordan D. Goddard represents Defendant. The parties have consented to
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proceed before a magistrate judge. ECF No. 7. 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. 18, 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) shall take any necessary
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steps to develop the record, including obtaining consultative examinations, offer
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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
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further directed to: (1) reevaluate the opinion evidence, including the opinions of
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N.K. Marks, Ph.D., and Aaron Burdge, Ph.D.; (2) reevaluate Plaintiff’s subjective
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complaints; (3) reevaluate the nature and severity of Plaintiff’s mental impairments
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using the psychiatric review technique; and (4) reassess Plaintiff’s residual
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functional capacity and how the limitations affect his occupational base. The ALJ
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may obtain medical or 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
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