Goetz v. Commissioner of Social Security

Filing 28

ORDER CORRECTING JUDGMENT - granting 27 Motion to Alter Judgment. Report and Recommendation, ECF No. 19 , is ADOPTED in its entirety. Plaintiffs Motion for Summary Judgment, ECF No. 16 , is GRANTED. Commissioners Motion for Summary Judgment, ECF No. 18 , is DENIED. Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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

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UNITED STATES DISTRICT COURT May 01, 2018
EASTERN DISTRICT OF WASHINGTON SEAN F. M AVOY, CLERK

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C

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ROBERT EUGENE GOETZ,

No. 2:16-CV-00337-SMJ

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Plaintiff,
ORDER CORRECTING
JUDGMENT

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v.
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COMMISSIONER OF SOCIAL
8 SECURITY,
Defendant.

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Before the Court, without oral argument, is the Commissioner's Motion for
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Relief under Federal Rule of Civil Procedure 60(a). ECF No. 27. Defendant asks
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the Court to correct the judgment in this matter to be consistent with Magistrate
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Judge Dimke’s Report and Recommendation. The Court adopted Magistrate Judge
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Dimke’s Report and Recommendation in its entirety. However, the Court remanded
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this matter to the Commissioner for immediate calculation and award of benefits,
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rather than remanding for further proceedings as Magistrate Judge Dimke
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recommended. This was error.
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Accordingly, IT IS HEREBY ORDERED:
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1.

Defendant’s Motion for Relief under Federal Rule of Civil Procedure

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60(a), ECF No. 27, is GRANTED.

ORDER - 1

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entirety.

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The Commissioner’s Motion for Summary Judgment, ECF No. 18, is
DENIED.

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Plaintiff’s Motion for Summary Judgment, ECF No. 16, is
GRANTED.

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The Report and Recommendation, ECF No. 19, is ADOPTED in its

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This matter is REMANDED to the Commissioner of Social Security

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pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with

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this order.

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of Plaintiff consistent with this order.

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The Clerk’s office shall enter an AMENDED JUDGMENT in favor

IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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DATED this 1st day of May 2018.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 2