Luna v. Kijakazi

Filing 14

ORDER GRANTING 13 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE; Striking as moot 9 Plaintiff's Opening Brief. This case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). File is CLOSED. Signed by Judge Mary K. Dimke. (BM, Case Administrator)

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

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May 09, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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JOEL L.,1
Plaintiff,

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v.

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MARTIN O’MALLEY,
COMMISSIONER OF SOCIAL
SECURITY,

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ORDER GRANTING
STIPULATED MOTION FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. §
405(g) AND CLOSING FILE
ECF Nos. 9, 13

Defendant.
Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 13,

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No. 1:23-CV-03186-MKD

requesting remand of the above-captioned matter to the Commissioner for
additional administrative proceeding pursuant to sentence four of 42 U.S.C. §
405(g). Attorney D. James Tree represents Plaintiff. Attorney Federick Fripps
represents Defendant.

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identifies them by only their first names and the initial of their last names. See

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LCivR 5.2(c).

To protect the privacy of plaintiffs in social security cases, the undersigned

ORDER - 1

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After consideration, IT IS HEREBY ORDERED that:

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1. The parties’ Stipulated Motion for Remand, ECF No. 13, is GRANTED.

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2. The above-captioned case be REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative proceeding pursuant to

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sentence four of 42 U.S.C. § 405(g).

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The parties have stipulated to the following:

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On remand, the Appeals Council will instruct the ALJ to:

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• Offer Plaintiff the opportunity for a new hearing and accept any newly

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submitted evidence;
• Take any necessary actions to complete the administrative record and

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the sequential evaluation;

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• Obtain vocational expert testimony from a qualified vocational expert

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to clarify the effect of the assessed limitations on Plaintiff’s ability to

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perform his past relevant work or other work available in significant

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numbers in the national economy;

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• Resolve any conflicts that exist between the DOT and the vocational

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expert’s testimony; and
• Issue a new decision.
See ECF No. 13 at 1-2.
3. Judgment shall be entered for PLAINTIFF.

ORDER - 2

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4. Plaintiff’s Motion for Summary Judgment, ECF No. 9, is STRICKEN
AS MOOT.

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

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for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

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The District Court Executive is directed to enter this Order, enter
Judgment, forward copies to counsel, and CLOSE THE FILE.
DATED May 9, 2024.

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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

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ORDER - 3