Hanold v. Saul

Filing 19

ORDER GRANTING 18 STIPULATED MOTION FOR REMAND; the matter is reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). File is Closed. Signed by Chief Judge Stanley A Bastian. (TR, Case Administrator)

Case 2:21-cv-00143-SAB

ECF No. 19

filed 01/10/22

PageID.1749 Page 1 of 2

1
2

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

3
4

Jan 10, 2022

5

SEAN F. MCAVOY, CLERK

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8
9 KELLY M. H.,
10

Plaintiff,

11

v.

No. 2:21-CV-00143-SAB

12 COMMISSIONER OF SOCIAL

ORDER GRANTING STIPULATED
MOTION FOR REMAND

13 SECURITY,
Defendant.

14
15
16

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

17 The motion was considered without oral argument. Defendant is represented by
18 Danielle Mroczek and Timothy Durkin. Plaintiff is represented by Bryant A.
19 Sutton.
20

The parties stipulate that the above-captioned case be reversed and

21 remanded for further administrative proceedings.
22

Accordingly, IT IS HEREBY ORDERED:

23

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

24

2. Based on the stipulation of the parties, the above-captioned case is

25 reversed and remanded for further administrative proceedings pursuant to
26 sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge
27 (ALJ) will offer the claimant the opportunity for a hearing; further develop the
28 record in accordance with 20 C.F.R. § 404.1512; if warranted and available, send
ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 1

Case 2:21-cv-00143-SAB

ECF No. 19

filed 01/10/22

PageID.1750 Page 2 of 2

1 the claimant to a consultative examination performed by a cardiologist; if
2 necessary, obtain medical expert evidence; further evaluate the claimant’s
3 subjective complaints; as necessary, proceed through the sequential evaluation
4 process; and issue a new decision.
5

3. Plaintiff is entitled to reasonable attorney fees and expenses pursuant to

6 28 U.S.C. § 2412, and costs pursuant to 28 U.S.C. § 1920, upon proper request to
7 this Court.
8

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

9 file this Order, provide copies to counsel and close the file.
10

DATED this 10th day of January 2022.

11
12
13
14
15
16
17

Stanley A. Bastian

Chief United States District Judge

18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING STIPULATED MOTION FOR REMAND ~ 2