Sears v. O'Malley

Filing 14

ORDER GRANTING 13 STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE; striking as moot 8 Plaintiff's Opening Brief. Case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings. This file is CLOSED. Signed by Judge Mary K. Dimke. (LTR, Case Administrator)

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

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Nov 26, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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DONALD S., 1
Plaintiff,

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v.

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MARTIN O’MALLEY,
COMMISSIONER OF SOCIAL
SECURITY,

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ORDER GRANTING STIPULATED
MOTION FOR REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g) AND
CLOSING FILE
ECF Nos. 8, 13

Defendant.
Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 13,

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No. 2:24-CV-00251-MKD

requesting remand of the above-captioned matter to the Commissioner for
additional administrative proceeding pursuant to sentence four of 42 U.S.C. §
405(g). Chad Hatfield represents Plaintiff. Special Assistant United States
Attorney Michonne Omo represents Defendant.
After consideration, IT IS HEREBY ORDERED that:

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them by only their first names and the initial of their last names. See LCivR 5.2(c).

To protect the privacy of plaintiffs in social security cases, the Court identifies

ORDER - 1

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1. The parties’ Stipulated Motion for Remand, ECF No. 13, 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 proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g). The parties have stipulated to the following:

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On remand, the ALJ will further develop the record as necessary and issue a new

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decision. See ECF No. 13 at 2.

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3. Judgment shall be entered for PLAINTIFF.

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4. Plaintiff’s Motion for Summary Judgment, ECF No. 8, is STRICKEN

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AS MOOT.

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

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for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

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The District Court Executive is directed to enter this Order, enter
Judgment, forward copies to counsel, and CLOSE THE FILE.
DATED November 26, 2024.

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s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

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ORDER - 2