Villanueva v. Commissioner of Social Security
Filing
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ORDER Granting 14 Unopposed Motion for Remand Pursuant to Sentence Four of 42 USC 405(g). Signed by Magistrate Judge John T. Rodgers. (MO, Courtroom Deputy)
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
Sep 22, 2017
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SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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MICHAEL VILLANUEVA,
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL
SECURITY,
No. 4:17-CV-5043-JTR
ORDER GRANTING UNOPPOSED
MOTION FOR REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)
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Defendant.
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BEFORE THE COURT is the parties’ stipulated motion to remand the
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above-captioned matter to the Commissioner for additional administrative
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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 14.
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Attorney D. James Tree represents Plaintiff; Special Assistant United States
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Attorney Michael Howard represents Defendant. The parties have consented to
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proceed before a magistrate judge. ECF No. 7. After considering the file and
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proposed order, IT IS ORDERED:
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1.
The parties’ Unopposed Motion for Remand, ECF No. 14, is
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GRANTED. The above-captioned case is 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).
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If the Commissioner does not issue a fully favorable decision, the
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administrative law judge (ALJ) shall hold a de novo hearing on remand, update the
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record as necessary, and issue a new decision. On remand, the ALJ shall: (1)
ORDER GRANTING UNOPPOSED MOTION FOR REMAND - 1
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reevaluate the medical opinion evidence, including the opinions of Dr. Valdez and
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Dr. Cooper; and (2) reevaluate the lay witness statement of Misty Villanueva. The
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ALJ may take any other actions necessary to develop the record, and Plaintiff may
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submit additional evidence and present additional argument.
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2.
Judgment shall be entered for PLAINTIFF.
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3.
Plaintiff’s Motion for Summary Judgment, ECF No. 13, is
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STRICKEN AS MOOT.
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4.
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The District Court Executive is directed to enter this Order, forward copies
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An application for attorney fees may be filed by separate motion.
to counsel, and CLOSE THE FILE.
DATED September 22, 2017.
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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE
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ORDER GRANTING UNOPPOSED MOTION FOR REMAND - 2
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