Silva Mendoza v. Kijakazi

Filing 15

ORDER GRANTING 14 STIPULATED MOTION FOR REMAND. This case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. File CLOSED. Signed by Judge Thomas O. Rice. (WMK, Case Administrator)

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

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Mar 26, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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MARTIN SILVA MENDOZA,

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Plaintiff,
v.

ORDER GRANTING STIPULATED
MOTION FOR REMAND

MARTIN O'MALLEY, Commissioner
of Social Security,
Defendant.

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NO: 1:23-CV-3185-TOR

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

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No. 14). 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. 14) 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

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2. Upon remand, the Commissioner will develop the record as needed, offer

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Plaintiff the opportunity for a new hearing, and issue a new decision for the

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period prior to June 1, 2021.

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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, 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 March 26, 2024.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2