Villanueva v. Commissioner of Social Security

Filing 15

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)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Sep 22, 2017 1 SEAN F. MCAVOY, CLERK 2 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 6 MICHAEL VILLANUEVA, 7 8 Plaintiff, 9 v. 10 11 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) 12 Defendant. 13 14 15 BEFORE THE COURT is the parties’ stipulated motion to remand the 16 above-captioned matter to the Commissioner for additional administrative 17 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 14. 18 Attorney D. James Tree represents Plaintiff; Special Assistant United States 19 Attorney Michael Howard represents Defendant. The parties have consented to 20 proceed before a magistrate judge. ECF No. 7. After considering the file and 21 proposed order, IT IS ORDERED: 22 1. The parties’ Unopposed Motion for Remand, ECF No. 14, is 23 GRANTED. The above-captioned case is REVERSED and REMANDED to the 24 Commissioner of Social Security for further administrative proceedings pursuant to 25 sentence four of 42 U.S.C. § 405(g). 26 If the Commissioner does not issue a fully favorable decision, the 27 administrative law judge (ALJ) shall hold a de novo hearing on remand, update the 28 record as necessary, and issue a new decision. On remand, the ALJ shall: (1) ORDER GRANTING UNOPPOSED MOTION FOR REMAND - 1 1 reevaluate the medical opinion evidence, including the opinions of Dr. Valdez and 2 Dr. Cooper; and (2) reevaluate the lay witness statement of Misty Villanueva. The 3 ALJ may take any other actions necessary to develop the record, and Plaintiff may 4 submit additional evidence and present additional argument. 5 2. Judgment shall be entered for PLAINTIFF. 6 3. Plaintiff’s Motion for Summary Judgment, ECF No. 13, is 7 STRICKEN AS MOOT. 8 4. 9 The District Court Executive is directed to enter this Order, forward copies 10 11 An application for attorney fees may be filed by separate motion. to counsel, and CLOSE THE FILE. DATED September 22, 2017. 12 13 14 _____________________________________ JOHN T. RODGERS UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING UNOPPOSED MOTION FOR REMAND - 2

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