Valdez v. O'Malley

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Apr 28, 2021 3 UNITED STATES DISTRICT COURT SEAN F. MCAVOY, CLERK EASTERN DISTRICT OF WASHINGTON MARSHA V., No. 4:20-cv-05132-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. “The parties, through their respective counsel, hereby stipulate and agree that the case should be remanded under sentence four of 42 14 U.S.C. § 405(g).” Id. at 1.

15 Having reviewed the motion and the file in this matter, the Court is fully informed and grants the motion. “Under sentence four, a district court may remand in conjunction with a judgment affirming, modifying, or reversing the Secretary’s decision.” Melkonyan v. Sullivan, 501 U.S. 89, 99–100 (1991). Given the parties’ stipulation, the Court 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.

3 Accordingly, IT IS HEREBY ORDERED: 4 1. The parties’ Stipulated Motion for Remand, ECF No. 17, is 5 GRANTED.

6 2. The above-captioned case shall be REVERSED and REMANDED 7 for further administrative proceedings, including a de novo hearing 8 under sentence four of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 9 501 U.S. 89 (1991).

10 3. On remand, the Appeals Council will remand the case to an 11 administrative law judge (“ALJ”), who shall develop the medical 12 record as appropriate, offer Plaintiff an opportunity for a new hearing, 13 and issue a new decision. The ALJ shall also: 14 A. Reevaluate the evidence, including any medical experts’ 15 opinion(s); 16 B. Reevaluate the claimant’s seizure disorder, with particular 17 attention to Listing 11.02; 18 C. Reassess the third party statements; and 19 D. Reassess claimant’s residual functional capacity.

1 4. Plaintiff's Motion for Summary Judgment, ECF No. 14, is DENIED 2 AS MOOT.

3 5. The Clerk’s Office is DIRECTED to ENTER JUDGMENT for 4 Plaintiff.

5 6. Plaintiff shall be entitled to reasonable attorney fees and expenses 6 under 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff 7 shall be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 8 US.C. § 2412(a).

9 A, Plaintiff shall file any such motion for attorney fees and costs 10 by no later than May 31, 2021.

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

13 DATED this 28" day of April 2021.

14 (a □□ ~basrbon ___ Waa reieneatt 15 SALVADOR MENDe& Zi, JR. United States District Jidze