Torres 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 Plaintiffs brief. This file is closed. Signed by Senior Judge Edward F. Shea. (REM, Case Administrator)

Download PDF
FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 May 08, 2024 2 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 6 JAIME T.,1 No. 7 Plaintiff, 8 9 10 v. MARTIN O’MALLEY, Commissioner of Social Security, 4:23-cv-05164-EFS ORDER GRANTING THE PARTIES’ STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Defendant. 11 The parties agree that the matter should be reversed and remanded to the 12 13 Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) 14 for further administrative proceedings. The parties also agree that Plaintiff is 15 entitled to reasonable attorney fees and costs under the Equal Access to Justice 16 Act, 28 U.S.C. § 2412(d), upon proper request to the Court. 17 Consistent with the parties’ agreement, IT IS HEREBY ORDERED: 18 1. The parties’ Stipulated Motion to Remand, ECF No. 13, is GRANTED. 19 20 21 22 23 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). 24 25 ORDER - 1 1 2. This matter is REVERSED and REMANDED to the Commissioner 2 of Social Security for further administrative proceedings pursuant to 3 sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council 4 is to instruct the ALJ to reassess Plaintiff’s residual functional 5 capacity ensuring it is supported by substantial evidence, reassess 6 the medical opinion evidence, offer Plaintiff the opportunity for a 7 hearing, take any further action needed to complete the 8 administrative record, and issue a new decision. 9 10 11 12 13 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 8th day of May 2024. 14 15 EDWARD F. SHEA Senior United States District Judge 16 17 18 19 20 21 22 23 24 25 ORDER - 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?