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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?