Navarro v. Saul

Filing 19

ORDER GRANTING 18 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); stricken as moot 15 Plaintiff's Motion for Summary Judgment. File Closed. Signed by Magistrate Judge John T. Rodgers. (TR, Case Administrator)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Oct 06, 2021 SEAN F. MCAVOY, CLERK 1 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 MARIA N., No. 1:20-CV-3248-JTR 6 v. 7 8 9 10 KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY,1 11 ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Defendant. 12 13 BEFORE THE COURT is the parties’ stipulated motion to remand the 14 above-captioned matter to the Commissioner for additional administrative 15 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 18. 16 Attorney D. James Tree represents Plaintiff; Special Assistant United States 17 Attorney L. Jamala Edwards represents Defendant. The parties have consented to 18 proceed before a magistrate judge. ECF No. 6. After considering the file and 19 proposed order, IT IS ORDERED: 20 1. The parties’ Stipulated Motion for Remand, ECF No. 18, is 21 GRANTED. The above-captioned case is REVERSED and REMANDED to the 22 Commissioner of Social Security for further administrative action pursuant to 23 sentence four of 42 U.S.C. § 405(g). 24 25 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on 26 July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, 27 Kilolo Kijakazi is substituted for Andrew M. Saul as the defendant in this suit. No 28 further action need be taken to continue this suit. See 42 U.S.C. § 405(g). ORDER GRANTING STIPULATED MOTION FOR REMAND - 1 1 On remand, the Appeals Council shall instruct the Administrative Law Judge 2 (ALJ) to further develop the record and do the following: (1) reevaluate the 3 medical evidence of record, including but not limited to, the non-examining 4 opinion by Myrna Palasi, M.D., and the other medical source opinion by Corinna 5 Michels, ARNP; (2) reevaluate Plaintiff’s subjective complaints; (3) reevaluate 6 Plaintiff’s maximum physical and mental residual functional capacity as required 7 by Social Security Ruling 96-9p; (4) proceed with the remaining steps of the 8 sequential evaluation process; (5) as needed, obtain supplemental vocational expert 9 evidence to determine whether Plaintiff could still do her past relevant work or 10 other work existing in significant numbers in the national economy; and (6) offer 11 Plaintiff the opportunity for a hearing, take any further action needed to complete 12 the administrative record, and issue a new decision. 13 2. Judgment shall be entered for PLAINTIFF. 14 3. Plaintiff’s Motion for Summary Judgment, ECF No. 15, is 15 STRICKEN AS MOOT. 16 4. 17 motion. 18 19 20 An application for attorney fees and costs may be filed by separate IT IS SO ORDERED. The District Court Executive is directed to enter this Order, forward copies to counsel, and CLOSE THE FILE. DATED October 6, 2021. 21 22 23 _____________________________________ JOHN T. RODGERS UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

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