Price v. Kijakazi

FILED IN THE U.S. DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON Jun 12, 2023 5 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON KIMBERLEY P., No. 2:22-CV-00245-SAB 10 Plaintiff, 11 v. COMMISSIONER OF SOCIAL ORDER GRANTING MOTION TO SECURITY, REMAND 14 Defendant.

16 Before the Court is the parties’ Stipulated Motion for Remand, ECF No. 16.

17 The motion was considered without oral argument. Plaintiff is represented by Maren Ann Miller Bam. Defendant is represented by Timothy Durkin and Frederick Fripps.

20 The parties stipulated that the above-captioned case can be reversed and remanded to the Commissioner for a de novo hearing.

22 Accordingly, IT IS HEREBY ORDERED: 23 1. The parties’ Stipulated Motion for Remand, ECF No. 16, is GRANTED.

24 2. The above-captioned case is reversed and remanded.

25 3. On remand, the Commissioner shall direct the Administrative Law Judge to give further consideration to the opinion evidence, give further consideration to the step four and five findings, and if necessary, obtain further vocational evidence.

28 The ALJ shall take any necessary action to complete the administrative record and 1|| the sequential evaluation and issue a new decision. Plaintiff shall have the opportunity to submit new evidence.

3 4. This case is being remanded pursuant to sentence four of § 405(g).

5. The Clerk of Court is directed to enter judgment in accordance with Fed. 5|| R. Civ. P. 58, consistent with the Supreme Court’s decision in Shalala v. Schaefer, 509 U.S. 292, 296 302 (1993).

6. Pursuant to the parties’ agreement, reasonable attorney fees, expenses, 8|| and costs may be awarded under the Equal Access to Justice Act, 28 U.S.C. §§ and 1920, upon proper request to the Court.

10 IT IS SO ORDERED. The District Court Executive is hereby directed to 11|| file this Order, provide copies to counsel and close the file.

12 DATED this 12th day of June 2023.

Shull Ecc thar 18 Stanley A. Bastian 19 Chief United States District Judge