Gillespie v. O'Malley

Filing 14

ORDER GRANTING 13 THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); terminating 8 Plaintiff's brief. This case is closed. Signed by Senior Judge Edward F. Shea. (REM, Case Administrator)

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

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Mar 06, 2025

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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN G., 1

No.

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Plaintiff,

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v.
LELAND DUDEK, Acting
Commissioner of Social Security,

2:24-cv-283-EFS

ORDER GRANTING THE PARTIES’
STIPULATED MOTION FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g)

Defendant.

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The parties agree that the matter should be reversed and remanded to the

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Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g)

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for further administrative proceedings. The parties also agree that Plaintiff may

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be entitled to reasonable attorney fees and costs under the Equal Access to Justice

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Act, 28 U.S.C. § 2412(d), upon proper request to the Court.

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Consistent with the parties’ agreement, IT IS HEREBY ORDERED:

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1.

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The parties’ Stipulated Motion for Remand, ECF No. 13, is
GRANTED.

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1 For privacy reasons, the Court refers to every social security plaintiff by first

name and last initial or by “Plaintiff.” See LCivR 5.2(c).

ORDER - 1

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2.

This matter is REVERSED and REMANDED to the Commissioner

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of Social Security for further administrative proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council

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is to instruct the ALJ to:

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•

reevaluate whether there are occupations that exist in significant

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numbers in the national economy that the claimant can perform,

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and, if necessary, seek additional evidence from a vocational

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expert; and

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offer the claimant the opportunity for a hearing, take further

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action to complete the administrative record resolving the above

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issues, and issue a new decision.

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3.

The Clerk’s Office shall TERM the hearing and Plaintiff’s brief, ECF
No. 8, enter JUDGMENT in favor of Plaintiff, and CLOSE the case.

IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 6th day of March 2025.

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EDWARD F. SHEA
Senior United States District Judge

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ORDER - 2