Case Name in Social Security Case - Unavailable

ORDER GRANTING STIPULATED MOTION FOR REMAND - 1

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

HAZEL K.,

Plaintiff,

v.

LELAND DUDEK, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
1

Defendant.

No. 1:22-CV-03104-ACE

ORDER GRANTING STIPULATED
MOTION FOR REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)

ECF No. 30

BEFORE THE COURT is the parties’ stipulated motion to remand the
above-captioned matter to the Commissioner for additional administrative
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 30.
Attorney D. James Tree represents Plaintiff; Special Assistant United States
Attorney Michael J. Mullen represents Defendant. After considering the file and
proposed order, IT IS ORDERED:
1. The parties’ Stipulated Motion for Remand, ECF No. 30, is
GRANTED. The above-captioned case is REVERSED and REMANDED to the
Commissioner of Social Security for further administrative action pursuant to

1
Pursuant to Federal Rule of Civil Procedure 25(d), Leland Dudek, Acting
Commissioner of Social Security, is substituted as the named Defendant.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Apr 18, 2025
Case 1:22-cv-03104-ACE ECF No. 31 filed 04/18/25 PageID.<pageID> Page
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ORDER GRANTING STIPULATED MOTION FOR REMAND - 2

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sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council shall
instruct the Administrative Law Judge to: (1) offer Plaintiff the opportunity for
another administrative hearing; (2) further develop the record and reevaluate the
evidence, as necessary; (3) reevaluate the severity of Plaintiff’s postural orthostatic
tachycardia syndrome and seizure impairments (including finding whether seizures
were a medically determinable impairment); and (4) issue a new decision.
2. Judgment shall be entered for PLAINTIFF.
3. Plaintiff’s Opening Brief, ECF No. 26, is STRICKEN AS MOOT.
4. An application for attorney fees under the Equal Access to Justice
Act, 28 U.S.C. § 2412, may be filed by separate motion.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order, forward copies to counsel, and CLOSE THE FILE.
DATED April 18, 2025.

_____________________________________
ALEXANDER C. EKSTROM
UNITED STATES MAGISTRATE JUDGE

Case 1:22-cv-03104-ACE ECF No. 31 filed 04/18/25 PageID.<pageID> Page
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