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Brian A. v. Commissioner of Social Security, 2:18-CV-0149-JTR. (2018)

Court: District Court, D. Washington Number: infdco20181204d50 Visitors: 3
Filed: Dec. 03, 2018
Latest Update: Dec. 03, 2018
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) JOHN T. RODGERS , Magistrate Judge . BEFORE THE COURT is the parties' stipulated motion to remand the above-captioned matter to the Commissioner for additional administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). ECF No. 26. Attorney Christopher H. Dellert represents Plaintiff; Special Assistant United States Attorney Ryan Ta Lu represents Defendant. The parties have consented
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ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

BEFORE THE COURT is the parties' stipulated motion to remand the above-captioned matter to the Commissioner for additional administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 26. Attorney Christopher H. Dellert represents Plaintiff; Special Assistant United States Attorney Ryan Ta Lu represents Defendant. The parties have consented to proceed before a magistrate judge. ECF No. 4. After considering the file and proposed order, IT IS ORDERED:

1. The parties' Stipulated Motion for Remand, ECF No. 26, is GRANTED. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

On remand, the administrative law judge (ALJ) will hold a de novo hearing and issue a new decision. The ALJ shall: (1) reevaluate the opinion from Brent Packer, M.D.; (2) further evaluate the applicability of Listings 1.02 and 12.05 at step three of the sequential evaluation process; (3) reconsider Plaintiff's symptom allegations; (4) reassess Plaintiff's residual functional capacity; and (5) obtain supplemental vocational expert evidence, if warranted. The ALJ may take any other actions necessary to develop the record, and Plaintiff may present additional testimony and submit additional evidence.

2. Judgment shall be entered for PLAINTIFF in accordance with FED. R. CIV. P. 58.

3. Plaintiff's Motion for Summary Judgment, ECF No. 19, is STRICKEN AS MOOT.

4. An application for attorney fees may be filed by separate motion.

The District Court Executive is directed to enter this Order, forward copies to counsel, and CLOSE THE FILE.

Source:  Leagle

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