Tawnya R. v. Kijakazi

Full title: TAWNYA R.,[1]Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL…

Court: United States District Court, Eastern District of Washington

Date published: Dec 12, 2023

1:23-cv-03170-RHW (E.D. Wash. Dec. 12, 2023)

Opinion

1:23-cv-03170-RHW

12-12-2023

TAWNYA R.,[1]Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

ROBERT H. WHALEY, Senior United States District Judge

ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G) AND CLOSING FILE ECF NO. 6

ROBERT H. WHALEY, Senior United States District Judge

Before the Court is the parties' Stipulated Motion for Remand, ECF No. 6, requesting remand of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). Attorney Andrew Bothwell represents Plaintiff. Attorney Jack Darcher represents Defendant.

After consideration, IT IS HEREBY ORDERED that:

1. The parties' Stipulated Motion for Remand, ECF No. 6, is GRANTED.

2. The above-captioned case be REVERSED and REMANDED to the

Commissioner of Social Security for further administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).

The parties have stipulated to the following instructions. On remand, the Appeals Council will instruct the ALJ to:

• Develop the record as needed;

• Offer Plaintiff the opportunity for a new hearing; and

• Issue a new decision.

See ECF No. 6 at 2.

3. Judgment shall be entered for PLAINTIFF.

4. Upon proper presentation, this Court consider Plaintiff's application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).

The District Court Executive is directed to enter this Order, enter Judgment in favor of Plaintiff, forward copies to counsel, and CLOSE THE FILE.