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)

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Case 1:22-cv-03184-TOR ECF No. 18 filed 05/18/23 PageID.1057 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 DUAYNE C., NO: 1:22-CV-3184-TOR 8 9 10 Plaintiff, ORDER GRANTING STIPULATED MOTION FOR REMAND v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, 11 Defendant. 12 13 BEFORE THE COURT is the parties’ Stipulated Motion for Remand. ECF 14 No. 17. The parties have agreed that this case should be reversed and remanded 15 for further administrative proceedings pursuant to sentence four of 42 U.S.C. 16 § 405(g). 17 IT IS HEREBY ORDERED: 18 1. The Parties’ Stipulated Motion for Remand, ECF No. 17, is GRANTED. 19 This case is REVERSED and REMANDED pursuant to sentence four of 42 20 U.S.C. § 405(g) for further administrative proceedings. ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1 Case 1:22-cv-03184-TOR 1 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 2 opportunity for a hearing, take further action to complete the administrative 3 record, and issue a new decision. The ALJ shall address the opinions of Mr. 4 Frazier, specifically discussing the supportability and consistency of his 5 opinions. Finally, the ALJ shall, as necessary: reconsider the claimant’s 6 impairments at steps two and three; reconsider the claimant’s subjective 7 statements; reconsider the nonmedical evidence; reconsider the medical 8 opinion evidence; reconsider the claimant’s residual functional capacity; and 9 reconsider the claimant’s ability to work at steps four and five. 10 3. All pending motions, hearings and the remaining briefing schedule are 11 vacated as moot. 12 The District Court Executive is hereby directed to file this Order, provide 13 14 copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file. DATED May 18, 2023. 15 16 THOMAS O. RICE United States District Judge 17 18 19 20 ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2

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