Moore v. Astrue

Filing 22

ORDER of Remand and Judgment by Judge Karen L Strombom. Judgment is entered for Plaintiff.(TW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 10 11 KEN J. MOORE, substituted party for BERRY ALLEN MOORE, deceased, Civil No. 3:12-cv-05392-KLS Plaintiff, 12 ORDER OF REMAND AND JUDGMENT v. 13 14 MICHAEL J. ASTRUE, Commissioner of Social Security, 15 Defendant. 16 Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned 17 case be REVERSED and REMANDED for further administrative proceedings pursuant to 18 sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge (ALJ) will hold a 19 de novo hearing and Plaintiff may raise any issue. The ALJ will re-assess the onset date of 20 Plaintiff’s disability in compliance with Social Security Ruling 83-20, including reevaluating the 21 medical evidence and lay opinions of record, as well as obtaining the assistance of a medical 22 expert, and continue the sequential evaluation process. 23 24 Page 1 ORDER OF REMAND AND JUDGMENT [Civil No. 3:12-cv-05392-KLS] Office of the General Counsel 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, Washington 98104-7075 Telephone: (206) 615-3858 1 Upon proper presentation, this Court will consider Plaintiff’s application for costs and 2 attorney fees under 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b). 3 JUDGMENT is entered for Plaintiff, and this case is closed. 4 DATED this 14th day of November, 2012. 5 6 A 7 Karen L. Strombom United States Magistrate Judge 8 9 10 11 12 13 14 Presented by: s/ Lisa Goldoftas LISA GOLDOFTAS WSB# 40807 Special Assistant United States Attorney Office of the General Counsel Social Security Administration 701 Fifth Avenue, Suite 2900 MS/221A Seattle, WA 98104-7075 Phone: (206) 615-3858 Fax: (206)615-2531 lisa.goldoftas@ssa.gov 15 16 17 18 19 20 21 22 23 24 Page 2 ORDER OF REMAND AND JUDGMENT [Civil No. 3:12-cv-05392-KLS] Office of the General Counsel 701 Fifth Avenue, Suite 2900 M/S 221A Seattle, Washington 98104-7075 Telephone: (206) 615-3858

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