Villarreal v. Saul

1 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Dec 01, 2020 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SAMARIA V., No. 4:20-cv-05060-SMJ Plaintiff, 6 ORDER GRANTING v. STIPULATED MOTION FOR 7 REMAND ANDREW M. SAUL, Commissioner of Social Security Administration, 9 Defendant.

11 Before the Court, without oral argument, is the parties’ Stipulated Motion for Remand, ECF No. 12. Having reviewed the motion and the file in this matter, the Court is fully informed and grants the motion. The Court thus reverses and remands the matter for further administrative proceedings before an Administrative Law Judge (ALJ) and a new decision regarding Plaintiff’s applications for benefits under the Social Security Act.

17 Accordingly, IT IS HEREBY ORDERED: 18 1. The parties’ Stipulated Motion for Remand, ECF No. 12, is 19 GRANTED.

1 2. The above-captioned case shall be REVERSED and REMANDED 2 for further administrative proceedings, including a de novo hearing 3 under 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89 4 (1991).

5 3. On remand, the Appeals Council will remand the case to an 6 administrative law judge (“ALJ”), who shall develop the medical 7 record as appropriate, offer Plaintiff an opportunity for a new hearing, 8 and issue a new decision. The ALJ shall also: 9 A. Reevaluate the evidence, including any medical experts’ 10 opinion(s); 11 B. Reassess Plaintiff’s allegations, residual functional capacity, 12 and whether there are jobs in the national economy she could 13 still perform despite her limitations, as necessary.

14 4. Plaintiff’s Motion for Summary Judgment, ECF No. 11, is DENIED 15 AS MOOT.

16 5. The Clerk’s Office is DIRECTED to ENTER JUDGMENT for 17 Plaintiff.

18 6. Plaintiff shall be entitled to reasonable attorney fees and expenses 19 under 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff 1 shall be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 2 ULS.C. § 2412(a).

3 A. Plaintiff shall file any such motion for attorney fees and costs 4 by no later than January 2, 2021.

5 IT ISSO ORDERED. The Clerk’s Office is directed to enter this Order and || provide copies to all counsel.

7 DATED this 1“ day of December 2020. (ead bende 9 SALVADOR MENDOZA\IR.

United States District Judge