Leonard o/b/o J M L v. Saul

Filing 20

ORDER GRANTING 19 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g). File is Closed. Signed by Magistrate Judge Mary K. Dimke. (SG, Case Administrator)

Case 1:20-cv-03104-MKD

ECF No. 20

filed 02/17/21

PageID.1327 Page 1 of 3
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

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EASTERN DISTRICT OF WASHINGTON

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BEVERLY L. o/b/o JML, a minor

No. 1:20-CV-03104-MKD

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child. 1,

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

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Plaintiff,

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vs.

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ANDREW M. SAUL,
COMMISSIONER OF SOCIAL
SECURITY,

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ECF Nos. 17, 19

Defendant.

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Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 19,

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requesting remand of the above-captioned matter to the Commissioner for

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additional administrative proceeding pursuant to sentence four of 42 U.S.C. §

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405(g). Attorney D. James Tree represents Plaintiff. Attorney David Burdett

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To protect the privacy of plaintiffs in social security cases, the undersigned

identifies them by only their first names and the initial of their last names. See
LCivR 5.2(c).

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ORDER - 1

Case 1:20-cv-03104-MKD

ECF No. 20

filed 02/17/21

PageID.1328 Page 2 of 3

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represents Defendant. The parties have consented to proceed before a magistrate

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judge. ECF No. 6.

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After consideration, IT IS HEREBY ORDERED that:

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1. The parties’ Stipulated Motion for Remand, ECF No. 19, is GRANTED.

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2. The above-captioned case be REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative proceeding pursuant to

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sentence four of 42 U.S.C. § 405(g).

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On remand, the parties stipulate that the Appeals Council will instruct the

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ALJ to: “Conduct a de novo hearing to reevaluate the claimant’s six domains of

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functioning and residual functional capacity, if applicable, including consideration

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of each medical opinion, providing reasons for any domain rated less limited or

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limitation discounted.” ECF No. 19 at 1.

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3. Judgment shall be entered for PLAINTIFF.

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4. Plaintiff’s Motion for Summary Judgment, ECF No. 17, is STRICKEN

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AS MOOT.
5. Upon proper presentation, this Court consider Plaintiff’s application for

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fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

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The District Court Executive is directed to enter this Order, enter

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Judgment, forward copies to counsel, and CLOSE THE FILE.
DATED February 17, 2021.

ORDER - 2

Case 1:20-cv-03104-MKD

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ECF No. 20

filed 02/17/21

PageID.1329 Page 3 of 3

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES MAGISTRATE JUDGE

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ORDER - 3