Calderon obo ARG, a minor child v. Kijakazi

1 EASTERN DISTRICT OF WASHINGTON Mar 04, 2022 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CC, on behalf of ARG, a minor child, No. 1:21-cv-03073-SMJ Plaintiff, 6 ORDER GRANTING v. STIPULATED MOTION FOR 7 REMAND KILOLO KIJAKAZI, Acting Commissioner of Social Security, 9 Defendant.

Before the Court, without oral argument, is the parties’ Stipulated Motion for Remand, ECF No. 17. “The parties, acting through their respective counsel, hereby stipulate that the Court should reverse and remand this case under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings regarding Plaintiff’s application for childhood Supplemental Security Income under Title XVI of the Social Security Act.” Id. at 1.

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, 501 U.S. 9 89.

10 3. On remand, the Appeals Council will remand the case to an 11 administrative law judge (“ALJ”), who shall offer Plaintiff an 12 opportunity for a new hearing, further develop the administrative 13 record, and issue a new decision. The ALJ shall also: 14 A. Obtain additional consultive examination reports from qualified 15 pediatricians or specialists in an appropriate field of medicine, 16 in order to further evaluate the child’s impairments; 17 B. Obtain medical expert testimony from a qualified pediatrician 18 or specialist in an appropriate field of medicine; and 1 C. As warranted, reevaluate whether the severity of the child’s 2 impairments meets or medically equals the criteria of a listed 3 impairment or functionally equals the listings.

4 4. Plaintiff's Motion for Summary Judgment, ECF No. 15, is DENIED 5 AS MOOT.

6 5. The Clerk’s Office is DIRECTED to ENTER JUDGMENT for 7 Plaintiff.

8 6. Plaintiff shall be entitled to reasonable attorney fees and expenses 9 under 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff 10 shall be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 11 U.S.C. § 2412(a).

12 A. Plaintiff shall file any such motion for attorney fees and costs 13 by no later than April 4, 2022.

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

16 DATED this 4" day of March 2022.

17 (ns Queda fe 18 - ty SALVADOR MENDOZA, JR. 19 United States District Judge