Gormezano v. Commissioner of Social Security

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE KEITH GORMEZANO, Plaintiff, Case No. C20-361 RAJ ORDER GRANTING v. 10 DEFENDANT’S MOTION TO REMAND FOR FURTHER COMMISSIONER OF SOCIAL ADMINISTRATIVE SECURITY, PROCEEDINGS Defendant.

This matter is before the Court on Defendant’s Motion for Remand. Dkt. 13.

Based on the motion and accompanying declarations, and that Plaintiff has filed no opposition, Defendant’s motion is GRANTED.

It is hereby ORDERED that the Commissioner’s decision be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings before an Administrative Law Judge. On remand, the ALJ will address Plaintiff’s request for a hearing regarding his initial overpayment amount of $64,960.10.

21 Also, the ALJ will refer the second overpayment amount ($14,172.00) to the field office and the field office will issue a reconsideration determination notice with appeal rights.

The ALJ will offer Plaintiff an opportunity for a hearing, take any further action needed to complete the administrative record, and issue a new decision.

2 This Court hereby reverses the Commissioner’s decision under sentence four of 42 3 U.S.C. § 405(g) with a remand of the case to the Commissioner for further proceedings.

See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.

DATED this 21st day of September, 2020.

A The Honorable Richard A. Jones 11 United States District Judge