Hernandez v. Saul

Filing 22

ORDER GRANTING 21 STIPULATED MOTION FOR REMAND; dismissing as moot 14 Motion for Summary Judgment; Case remanded to Social Security Office of Disability Adjudication and Review. Case is closed. Signed by Chief Judge Stanley A Bastian. (AY, Case Administrator)

Case 2:20-cv-00101-SAB

ECF No. 22

filed 01/06/21

PageID.2332 Page 1 of 3

1
2

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

3

Jan 06, 2021

4

SEAN F. MCAVOY, CLERK

5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8
9 MARGARITA V. H.,
10

Plaintiff,

11

v.

No. 2:20-CV-00101-SAB

12 COMMISSIONER OF SOCIAL

ORDER GRANTING

13 SECURITY,

STIPULATED MOTION FOR
Defendant.

14

REMAND

15
16

Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 21.

17 Plaintiff is represented by Thomas Bothwell and Defendant is represented by L.
18 Jamala Edwards. The parties stipulate that the above-captioned case be reversed
19 and remanded for further administrative proceedings, including a de novo hearing
20 pursuant to 42 U.S.C. § 405(g). The parties further agree that reasonable attorney
21 fees should be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412,
22 upon proper request to the Court.
23 //
24 //
25 //
26 //
27 //
28 //
ORDER GRANTING STIPULATED MOTION FOR REMAND * 1

Case 2:20-cv-00101-SAB

ECF No. 22

filed 01/06/21

PageID.2333 Page 2 of 3

1

Accordingly, IT IS HEREBY ORDERED:

2

1. The parties’ Stipulated Motion for Remand, ECF No. 21, is GRANTED.

3

2. The decision denying benefits is REVERSED and REMANDED for

4 further administrative proceedings. On remand, the Appeals Council agrees to
5 consider whether the record warrants issuing a decision at their level. If the
6 Appeals Council decides to remand to an Administrative Law Judge (“ALJ”), the
7 ALJ will direct further development of the record, including evaluating,
8 considering, and exhibiting additional evidence and consulting with a medical
9 expert, if necessary, to resolve any existing conflicts, and issue a new decision. If
10 remanded to the ALJ, the ALJ shall also:
11

• Take any steps necessary to fully develop the record;

12

• Offer Plaintiff the opportunity for a hearing, to submit additional
evidence, and make new arguments;

13
14

• Reevaluate the medical and nonmedical opinion evidence of record;

15

• Reevaluate Plaintiff’s subjective testimony;

16

• Further evaluate Plaintiff’s maximum physical and mental residual
functional capacity;

17

• As needed, seek supplemental vocational expert evidence on whether

18
19

Plaintiff can perform any work with her assessed limitations, in

20

particular (but not limited to) her reaching limitations; and
• Reassess whether Plaintiff could perform past relevant work or other

21

jobs at Step Five.

22
23

3. This remand is made pursuant to 42 U.S.C. § 405(g).

24

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

25 as moot.
26

5. Upon proper presentation, this Court shall consider Plaintiff’s application

27 for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
28
ORDER GRANTING STIPULATED MOTION FOR REMAND * 2

Case 2:20-cv-00101-SAB

1

ECF No. 22

filed 01/06/21

PageID.2334 Page 3 of 3

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

2 Plaintiff and against Defendant.
3

IT IS SO ORDERED. The District Court Executive is hereby directed to

4 file this Order, provide copies to counsel, enter judgment, and close this file.
5

DATED this 6th day of January 2021.

6
7
8
9
10
11

Stanley A. Bastian

Chief United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING STIPULATED MOTION FOR REMAND * 3