Clarke v. Kijakazi

Filing 18

ORDER granting 17 Motion to Remand. Case remanded to Commissioner of Social Security for further proceedings. Signed by Judge Thomas O. Rice. (BF, Paralegal)

Case 1:22-cv-03184-TOR

ECF No. 18

filed 05/18/23

PageID.1057 Page 1 of 2

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DUAYNE C.,
NO: 1:22-CV-3184-TOR

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Plaintiff,
ORDER GRANTING STIPULATED
MOTION FOR REMAND

v.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,

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Defendant.
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BEFORE THE COURT is the parties’ Stipulated Motion for Remand. ECF

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No. 17. The parties have agreed that this case should be reversed and remanded

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for further administrative proceedings pursuant to sentence four of 42 U.S.C.

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§ 405(g).

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IT IS HEREBY ORDERED:

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1. The Parties’ Stipulated Motion for Remand, ECF No. 17, is GRANTED.

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This case is REVERSED and REMANDED pursuant to sentence four of 42

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U.S.C. § 405(g) for further administrative proceedings.

ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1

Case 1:22-cv-03184-TOR

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ECF No. 18

filed 05/18/23

PageID.1058 Page 2 of 2

2. On remand, the Administrative Law Judge (ALJ) shall offer the claimant the

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opportunity for a hearing, take further action to complete the administrative

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record, and issue a new decision. The ALJ shall address the opinions of Mr.

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Frazier, specifically discussing the supportability and consistency of his

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opinions. Finally, the ALJ shall, as necessary: reconsider the claimant’s

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impairments at steps two and three; reconsider the claimant’s subjective

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statements; reconsider the nonmedical evidence; reconsider the medical

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opinion evidence; reconsider the claimant’s residual functional capacity; and

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reconsider the claimant’s ability to work at steps four and five.

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3. All pending motions, hearings and the remaining briefing schedule are

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vacated as moot.

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The District Court Executive is hereby directed to file this Order, provide

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copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file.
DATED May 18, 2023.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2