Goodpaster v. Kijakazi

Filing 16

ORDER GRANTING 15 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); striking as moot 10 Plaintiff's Opening Brief. Case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative action pursuant to sentence four of 42 U.S.C. § 405(g). This file is CLOSED. Signed by Magistrate Judge Alexander C Ekstrom. (TNC, Case Administrator)

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

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Mar 27, 2024

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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STEVEN G.,

No. 1:23-CV-03187-ACE
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)
ECF No. 15

Defendant.

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BEFORE THE COURT is the parties’ stipulated motion to remand the

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above-captioned matter to the Commissioner for additional administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 15.

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Attorney Kathryn Ann Higgs represents Plaintiff; Special Assistant United States

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Attorney Julie A.K. Cummings represents Defendant. After considering the file

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and proposed order, IT IS ORDERED:

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1.

The parties’ Stipulated Motion to Remand, ECF No. 15, is

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GRANTED. The above-captioned case is REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative action pursuant to

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sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will direct

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the administrative law judge (“ALJ”) to develop the record as necessary; evaluate

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all of the medical opinions and prior administrative medical findings in the record;
ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

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and provide Plaintiff an opportunity to submit additional evidence in support of his

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claim and an opportunity for a new hearing. The ALJ shall take any further action

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needed to complete the administrative record and issue a new decision.

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2.

Judgment shall be entered for PLAINTIFF.

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3.

Plaintiff’s Opening Brief, ECF No. 10, is STRICKEN AS MOOT.

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4.

An application for attorney fees under the Equal Access to Justice

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Act, 28 U.S.C. § 2412, may be filed by separate motion.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order, forward copies to counsel, and CLOSE THE FILE.
DATED March 27, 2024.

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_____________________________________
ALEXANDER C. EKSTROM
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING STIPULATED MOTION FOR REMAND - 2