Paget v. O'Malley

Filing 9

ORDER GRANTING 8 THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g). Case remanded to Commissioner of Social Security. File is CLOSED. Signed by Senior Judge Edward F. Shea. (SG, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Jun 04, 2024 3 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 6 DEVON P., 1 No. 7 Plaintiff, 8 9 10 v. MARTIN O’MALLEY, Commissioner of Social Security, 1:24-cv-3049-EFS ORDER GRANTING THE PARTIES’ STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Defendant. 11 The parties agree that the matter should be reversed and remanded to the 12 13 Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) 14 for further administrative proceedings. The parties also agree that Plaintiff is 15 entitled to reasonable attorney fees and costs under the Equal Access to Justice 16 Act, 28 U.S.C. § 2412(d), upon proper request to the Court. 17 Consistent with the parties’ agreement, IT IS HEREBY ORDERED: 18 1. The parties’ Stipulated Motion for Remand, ECF No. 8, is GRANTED. 19 20 21 22 23 1 For privacy reasons, the Court refers to every social security plaintiff by first name and last initial or by “Plaintiff.” See LCivR 5.2(c). ORDER - 1 1 • This matter is REVERSED and REMANDED to the 2 Commissioner of Social Security for further administrative 3 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On 4 remand, the Appeals Council is to instruct the ALJ to: take any 5 necessary action to complete the administrative record; offer 6 Plaintiff a new hearing; reevaluate the five-step sequential 7 evaluation process: reevaluate the ALJ’s step 5 finding, including 8 obtaining vocational expert (VE) evidence as necessary while 9 resolving any inconsistencies between the VE testimony, the 10 Dictionary of Occupational Titles, and the residual functional 11 capacity; and issue a new decision. 12 13 14 15 16 2. The Clerk’s Office shall TERM the hearing and the parties’ briefs, enter JUDGMENT in favor of Plaintiff, and CLOSE the case. IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 4th day of June 2024. 17 18 EDWARD F. SHEA Senior United States District Judge 19 20 21 22 23 ORDER - 2

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