Guzman v. Colvin (previously Astrue)

Filing 22

ORDER TO REMAND. The parties Stipulated Motion to Remand ECF No. 21 is GRANTED. The Commissioners decision regarding Plaintiffs application for a period of disability, disability insurance benefits, and supplemental security income benefits is REVERSED and REMANDED to the Commissioner of Social Security for a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g).The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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KIMBERLYN F. GUZMAN,
NO: 13-CV-0063-TOR
Plaintiff,

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ORDER TO REMAND
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v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.
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BEFORE THE COURT is the parties’ Stipulated Motion to Remand (ECF

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No. 21). Based on the parties’ stipulation, this case is remanded to the

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Commissioner of Social Security for a de novo hearing pursuant to sentence four

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of 42 U.S.C. § 405(g).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. The parties’ Stipulated Motion to Remand (ECF No. 21) is GRANTED.

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The Commissioner’s decision regarding Plaintiff’s application for a period

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of disability, disability insurance benefits, and supplemental security income

ORDER TO REMAND ~ 1

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benefits is REVERSED and REMANDED to the Commissioner of Social

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Security for a de novo hearing pursuant to sentence four of 42 U.S.C. §

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405(g). On remand, the administrative law judge (ALJ) will update the

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update the medical record; further evaluate the opinion evidence in Exhibits

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4F and 14F; further evaluate Plaintiff’s subjective complaints; if necessary,

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obtain vocational expert testimony; offer Plaintiff the opportunity for a new

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hearing; and issue a new decision.

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2. If and when appropriate, Plaintiff may file by separate motion an application
for attorney’s fees and costs under 28 U.S.C. § 2412(d) and 42 U.S.C. §
406(b).

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3. All pending motions are DENIED as moot.

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The District Court Executive is hereby directed to enter this Order, provide

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copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file.
DATED October 18, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER TO REMAND ~ 2