Farnsworth v. Kijakazi

Filing 11

ORDER GRANTING 10 STIPULATED MOTION FOR REMAND; vacating as moot 9 Plaintiff's Opening Brief. File is closed. Signed by Judge Thomas O. Rice. (REM, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Feb 05, 2024
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JOSHUA F.,
Plaintiff,

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v.

NO: 1:23-CV-3163-TOR
ORDER GRANTING STIPULATED
MOTION FOR REMAND

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
BEFORE THE COURT is the parties’ Stipulated Motion for Remand. ECF

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No. 10. The parties have agreed that this case should be remanded for further

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administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

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WHEREFORE, IT IS HEREBY ORDERED:

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1. The Parties’ Stipulated Motion for Remand (ECF No. 10) is GRANTED.

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2. This case is REVERSED and REMANDED pursuant to sentence four of

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

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Council will remand the case to an Administrative Law Judge (ALJ) to:

ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1

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• Reevaluate the medical opinion evidence;

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• If warranted, reevaluate Plaintiff’s residual functional capacity;

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• If warranted, obtain supplemental vocational expert testimony to

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determine whether there are jobs that exist in significant numbers in the

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national economy that Plaintiff can perform with his residual functional

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capacity;

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• Allow Plaintiff an opportunity for a hearing;

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• Take the necessary steps to further develop the record; and

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• Issue a new decision on the issue of disability.

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3. Upon proper presentation, this Court will consider Plaintiff’s application for

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costs, expenses, and reasonable attorney’s fees under the Equal Access to

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Justice Act, 28 U.S.C. § 2412(a), (d).

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4. All pending motions and hearings are VACATED as moot.
The District Court Executive is hereby directed to file this Order, provide
copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file.
DATED February 5, 2024.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2