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Allen v. Kijakazi
2:21-cv-00245
E.D. Wash.
Mar 31, 2022
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Case Information

*0 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SEAN F. M C *1 Case 2:21-cv-00245-LRS ECF No. 17 filed 03/31/22 PageID.1586 Page 1 of 2

Mar 31, 2022 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CARRIE A., [1] NO: 2:21-CV-00245-LRS

Plaintiff,

v. ORDER GRANTING STIPULATED MOTION FOR REMAND

KILOLO KIJAKAZI, ACTING

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

BEFORE THE COURT is the Defendant’s Stipulated Motion for Remand,

ECF No. 16. Based on the stipulation of the parties, the Court finds good cause to

grant the motion. Accordingly, pursuant to the stipulation, IT IS HEREBY

ORDERED : 1. Defendant’s Stipulated Motion for Remand, ECF No. 16 is GRANTED .

15 2. This case is REVERSED and REMANDED for further administrative

16 proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

17 3. On remand, the Administrative Law Judge shall: (1) evaluate the claimant’s

18 alleged traumatic brain injury and consider whether it constitutes a severe

19

20

*2 Case 2:21-cv-00245-LRS ECF No. 17 filed 03/31/22 PageID.1587 Page 2 of 2 1 medically determinable impairment; (2) reevaluate the opinion evidence of

record, considering its supportability and consistency with the evidence of

record; (3) reassess the claimant’s subjective symptoms; (4) reevaluate the

claimant’s maximum residual functional capacity taking into account all

medically determinable impairments; (5) if warranted by the expanded

record, obtain supplemental vocational expert evidence to clarify the effect

of the assessed limitations on the claimant’s ability to perform other work in

the national economy; (6) offer the claimant the opportunity for a hearing,

take any further action needed to complete the administrative record; and (7)

issue a new decision.

4. Upon proper presentation, this Court will consider Plaintiff’s application

for costs, expenses, and reasonable attorney’s fees under the Equal Access to

Justice Act, 28 U.S.C. § 2412(a), (d).

5. Plaintiff’s Motion for Summary Judgment, ECF No. 14 , and the hearing

and remaining briefing schedule are VACATED as moot.

IT IS SO ORDERED . The District Court Clerk is directed to enter this

Order and provide copies to counsel. Judgment shall be entered for Plaintiff and

the file shall be CLOSED .

DATED March 31, 2022.

LONNY R. SUKO Senior United States District Judge ORDER GRANTING STIPULATED MOTION TO REMAND - 2

[1] The court identifies a plaintiff in a social security case only by the first name and 21 last initial in order to protect privacy. See LCivR 5.2(c). ORDER GRANTING STIPULATED MOTION TO REMAND - 1

Case Details

Case Name: Allen v. Kijakazi
Court Name: District Court, E.D. Washington
Date Published: Mar 31, 2022
Docket Number: 2:21-cv-00245
Court Abbreviation: E.D. Wash.
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