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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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Feb 05, 2024 SEAN F. MCAVOY, CLERK 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 JOSHUA F., Plaintiff, 8 9 10 11 12 13 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 14 No. 10. The parties have agreed that this case should be remanded for further 15 administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). 16 WHEREFORE, IT IS HEREBY ORDERED: 17 1. The Parties’ Stipulated Motion for Remand (ECF No. 10) is GRANTED. 18 2. This case is REVERSED and REMANDED pursuant to sentence four of 19 42 U.S.C. § 405(g) for further administrative proceedings. The Appeals 20 Council will remand the case to an Administrative Law Judge (ALJ) to: ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1 1 • Reevaluate the medical opinion evidence; 2 • If warranted, reevaluate Plaintiff’s residual functional capacity; 3 • If warranted, obtain supplemental vocational expert testimony to 4 determine whether there are jobs that exist in significant numbers in the 5 national economy that Plaintiff can perform with his residual functional 6 capacity; 7 • Allow Plaintiff an opportunity for a hearing; 8 • Take the necessary steps to further develop the record; and 9 • Issue a new decision on the issue of disability. 10 3. Upon proper presentation, this Court will consider Plaintiff’s application for 11 costs, expenses, and reasonable attorney’s fees under the Equal Access to 12 Justice Act, 28 U.S.C. § 2412(a), (d). 13 14 15 16 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. 17 18 19 THOMAS O. RICE United States District Judge 20 ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2

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