Wilkinson v. O'Malley

Filing 9

ORDER GRANTING 8 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE; striking as moot 6 Plaintiff's Motion for Summary Judgment. File is CLOSED. Signed by Senior Judge Robert H. Whaley. (TNC, 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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PATRICIA W., 1

No. 1:24-cv-03168-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. 6, 8

Defendant.
Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 8,

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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. Attorneys L. Jamala Edwards

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and Ryan Lu represent 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. 8, 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
Appeals Council shall instruct the new ALJ to:

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• Perform the sequential evaluation anew;

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• Reassess the persuasiveness of the medical opinions, including the

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assessment of Jena Worley, M.D.

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• Reconsider the prior administrative medical findings;

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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; and

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• Issue a new decision.
See ECF No. 8 at 2.
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ORDER - 2

Judgment shall be entered for PLAINTIFF.

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4.

Plaintiff’s Motion for Summary Judgment, ECF No. 6, is

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