Jimenez v. Kijakazi

Filing 13

ORDER GRANTING 12 STIPULATED REMAND; denying as moot 10 Plaintiff's Opening Brief. This file is CLOSED. Signed by Magistrate Judge James A. Goeke. (LAS, Case Administrator)

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

1

Feb 05, 2024

2

SEAN F. MCAVOY, CLERK

3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

4
5

DESIREE J.,

6

Plaintiff,

7

vs.

8
9

MARTIN J. O’MALLEY, Commissioner
of Social Security,1

10

No. 4:23-CV-5130-JAG

ORDER GRANTING
STIPULATED REMAND

Defendant.

11

Before the court is the parties' Stipulated Motion to Remand pursuant to

12
13
14
15
16

sentence four of 42 U.S.C. § 405(g). ECF No. 12. After considering the file and
proposed order, it is hereby ORDERED:
1.

The parties' Stipulated Motion to Remand, ECF No. 12, is

GRANTED.
2.

The parties stipulate and agree that the Commissioner’s finding that

17

Plaintiff was disabled as of November 15, 2019 will not be disturbed; the

18

proceedings on remand will review the period prior to that date.

19
20
21

1

Martin J. O’Malley became the Commissioner of Social Security on December

20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin J.

22

O’Malley is substituted for Kilolo Kijakazi as the defendant in this suit. No further

23

action need be taken to continue this suit. See 42 U.S.C. § 405(g).

24
ORDER GRANTING STIPULATED REMAND - 1

1
2

3.

Based on the stipulation of the parties, the above-captioned case is

REVERSED and REMANDED for further administrative proceedings pursuant

3

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

4

instruct the administrative law judge to:

5

a)

Develop the record as necessary;

6

b)

Reconsider all relevant issues;

c)

Offer the claimant an opportunity for a hearing; and

d)

Issue a new decision.

7
8
9
10

4.

All other pending motions are DENIED AS MOOT.

5.

Judgment shall be entered for Plaintiff.

6.

Upon proper consideration, the Court will consider Plaintiff's

11

application for reasonable attorney’s fees and costs pursuant to the Equal Access to

12

Justice Act, 28 U.S.C. § 2412(d).

13
14
15
16

The District Court Executive is directed to enter this Order, enter judgment
in favor of the Plaintiff, provide copies of the Order and Judgment to counsel, and
CLOSE THIS FILE.
DATED February 5, 2024.

17
18
19

_____________________________________
JAMES A. GOEKE
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
ORDER GRANTING STIPULATED REMAND - 2