Arce v. O'Malley
Filing
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ORDER GRANTING 14 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE; Striking as moot 8 Plaintiff's Motion for Summary Judgment. Case remanded to Commissioner of Social Security. File is CLOSED. Signed by Senior Judge Robert H. Whaley. (BM, Case Administrator)
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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Jan 27, 2025
SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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JENNIFER A., 1
No. 2:24-cv-00240-RHW
Plaintiff,
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vs.
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MICHELLE A. KING, ACTING
COMMISSIONER OF SOCIAL
SECURITY, 2
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ECF Nos. 8, 14
Defendant.
Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 14,
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ORDER GRANTING
STIPULATED MOTION FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. §
405(g) AND CLOSING FILE
requesting remand of the above-captioned matter to the Commissioner for
additional administrative proceeding pursuant to sentence four of 42 U.S.C. §
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To protect the privacy of plaintiffs in social security cases, the undersigned
identifies them by only their first names and the initial of their last names. See
LCivR 5.2(c).
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Pursuant to Federal Rule of Civil Procedure 25(d), Michelle King, Acting
Commissioner of Social Security, is substituted as the named Defendant.
ORDER - 1
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405(g). Attorney Chad Hatfield represents Plaintiff. Attorney W. Brian Jones
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represents Defendant.
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After consideration, IT IS HEREBY ORDERED that:
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1. The parties’ Stipulated Motion for Remand, ECF No. 14, is GRANTED.
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2. The above-captioned case be REVERSED and REMANDED to the
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Commissioner of Social Security for further administrative proceeding pursuant to
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sentence four of 42 U.S.C. § 405(g).
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The parties have stipulated to the following instructions. On remand, the
Appeals Council will instruct the ALJ to:
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• Further consider the medical opinions;
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• Further consider the severity of Plaintiff’s medically determinable
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impairments;
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• Offer Plaintiff the opportunity for another hearing;
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• Take further action to complete the administrative record; and
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• Issue a new decision.
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See ECF No. 14 at 2.
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3. Judgment shall be entered for PLAINTIFF.
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4.
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Plaintiff’s Motion for Summary Judgment, ECF No. 8, is
STRICKEN AS MOOT.
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ORDER - 2
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Upon proper presentation, the Court will consider Plaintiff’s
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application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C.
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§ 2412(d).
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6.
The District Court Executive is directed to update the docket sheet to
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reflect the substitution of Michelle King, Acting Commissioner of Social Security,
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as Defendant.
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The District Court Executive is directed to enter this Order, enter Judgment
in favor of Plaintiff, forward copies to counsel, and CLOSE THE FILE.
DATED January 27, 2025.
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s/Robert H. Whaley
ROBERT H. WHALEY
Senior United States District Judge
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ORDER - 3
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