Lewis v. Commissioner of Social Security

Filing 19

ORDER granting 18 Stipulated Motion for Remand; denying as moot 14 Plaintiff's Motion for Summary Judgment. Case remanded to ALJ. File closed. Signed by Judge Stanley A Bastian. (SK, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 PAUL LEWIS,
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Plaintiff,

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v.

No. 2:16-cv-00445-SAB

12 COMMISSIONER OF SOCIAL

ORDER GRANTING STIPULATED
MOTION FOR REMAND

13 SECURITY,
Defendant.

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Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 18.

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17 The motion was heard without oral argument.
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The parties stipulate that the above-captioned case be reversed and

19 remanded to the Commissioner of Social Security for further administrative
20 proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C.
21 § 405(g). The parties agree that reasonable attorney fees should be awarded under
22 the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the
23 Court.
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Accordingly, IT IS HEREBY ORDERED:

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1.

The parties’ Stipulated Motion for Remand, ECF No. 18, is

26 GRANTED.
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2.

The decision denying benefits is reversed and remanded for further

28 administrative proceedings. On remand, the ALJ shall offer Plaintiff an
ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1

1 opportunity for a new hearing, further develop the record, and issue a new
2 decision. The ALJ shall also: reevaluate the medical evidence, explain the weight
3 given to each opinion, and provide legally sufficient reasons for any medical
4 opinion that is rejected; reevaluate Plaintiff’s residual functional capacity and
5 ability to perform other work at step five, obtaining vocational expert testimony as
6 needed.
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3. This remand is made pursuant to sentence four of 42 U.S.C. § 405(g).

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4. Plaintiff’s Motion for Summary Judgment, ECF No. 14, is DENIED AS

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5. The District Court Executive is directed to enter judgment in favor of

11 Plaintiff and against Defendant.
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IT IS SO ORDERED. The District Court Executive is hereby directed to

13 file this Order, provide copies to counsel and close the file.
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DATED this 16th day of August 2017.

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Stanley A. Bastian

United States District Judge

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ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2