Hedwig v. O'Malley

Filing 13

ORDER GRANTING 12 THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); Terminating 8 Plaintiff's Opening Brief. Case remanded to the Commissioner of Social Security for further administrative proceedings. File is CLOSED. Signed by Senior Judge Edward F. Shea. (BM, Case Administrator)

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

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Aug 29, 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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KIRK H.,1

No.

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Plaintiff,

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v.
MARTIN O’MALLEY, Commissioner of
Social Security,

1:24-cv-03050-EFS

ORDER GRANTING THE PARTIES’
STIPULATED MOTION FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g)

Defendant.

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The parties agree that the matter should be reversed and remanded to the

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Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g)

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for further administrative proceedings. The parties also agree that Plaintiff is

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entitled to reasonable attorney fees and costs under the Equal Access to Justice

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Act, 28 U.S.C. § 2412(d), upon proper request to the Court.

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Consistent with the parties’ agreement, IT IS HEREBY ORDERED:

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1.

The parties’ Stipulated Motion for Remand, ECF No. 12, is
GRANTED.

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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).

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ORDER - 1

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This matter is REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On

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remand, the Appeals Council is to instruct the ALJ to: reevaluate

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the medical opinion evidence; • Reevaluate the claimant’s RFC;

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continue with the sequential evaluation process, to include

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obtaining vocational expert testimony, as necessary; and offer

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Plaintiff the opportunity for a hearing, take further action to

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complete the administrative record resolving the above issues,
and issue a new decision.

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2.

The Clerk’s Office shall TERM the hearing and Plaintiff’s brief, ECF
Nos. 8, 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 29th day of August 2024.

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EDWARD F. SHEA
Senior United States District Judge

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ORDER - 2