Lister v. O'Malley

Filing 12

ORDER GRANTING 11 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE; striking as moot 7 Plaintiff's Motion for Summary Judgment. Case remanded to Commissioner of Social Security. Signed by Senior Judge Robert H. Whaley. (REM, Case Administrator)

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

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Mar 05, 2025

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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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GINO L., 1

No. 1:24-cv-03145-RHW
Plaintiff,

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vs.

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LELAND DUDEK, ACTING
COMMISSIONER OF SOCIAL
SECURITY, 2

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ECF Nos. 7, 11

Defendant.
Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 11,

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

requesting remand of the above-captioned matter to the Commissioner for
additional administrative proceeding pursuant to sentence four of 42 U.S.C. §

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

identifies them by only their first names and the initial of their last names. See
LCivR 5.2(c).
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Pursuant to Federal Rule of Civil Procedure 25(d), Leland Dudek, Acting

Commissioner of Social Security, is substituted as the named Defendant.

ORDER - 1

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405(g). Attorney D. James Tree represents Plaintiff. Attorney Michael Mullen

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represents Defendant.

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After consideration, IT IS HEREBY ORDERED that:

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1. The parties’ Stipulated Motion for Remand, ECF No. 11, 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 instructions. On remand, the

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Appeals Council shall assign the matter to a new Administrative Law Judge and

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instruct the new ALJ to:

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• Conduct the remand proceedings consistent with agency policy,

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including Hearings, Appeals, and Litigation Law Manual (HALLEX)

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I-4-5-5;

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• Further develop the record, as necessary;

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• Offer Plaintiff another administrative hearing;

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• Reevaluate the evidence;

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• Reevaluate the severity of Plaintiff’s great saphenous vein venous

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reflux of both legs;
• Continue the sequential evaluation, as necessary; and
• Issue a new decision.

ORDER - 2

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See ECF No. 11 at 1-2.

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Judgment shall be entered for PLAINTIFF.

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4.

Plaintiff’s Motion for Summary Judgment, ECF No. 7, is

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STRICKEN AS MOOT.
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Upon proper presentation, the Court will consider Plaintiff’s

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application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C.

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§ 2412(d).

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6.

The District Court Executive is directed to update the docket sheet to

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reflect the substitution of Leland Dudek, Acting Commissioner of Social Security,

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as Defendant.

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The District Court Executive is directed to enter this Order, enter Judgment
in favor of Plaintiff, forward copies to counsel, and CLOSE THE FILE.
DATED March 5, 2025.

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s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge

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ORDER - 3