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Justice v. Colvin

United States District Court, E.D. Washington

April 15, 2014

JENNIFER MICHELLE JUSTICE, Plaintiff,
v.
CAROLYN W. COLVIN, SENTENCE SIX OF 42 U.S.C. Commissioner of Social Security, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT STIPULATED MOTION FOR REMAND PURSUANT TO 405(g)

ROSANNA MALOUF PETERSON, Chief Judge.

BEFORE THE COURT is Magistrate Judge John T. Rodger's February 27, 2014, Report and Recommendation to grant the parties' stipulated motion to remand the above-captioned matter to the Commissioner for a de novo hearing pursuant to sentence six of 42 U.S.C. § 405(g). ECF No. 8. Objections to the Report and Recommendation were due on or before March 13, 2014. There being no objections to the Report and Recommendation, the Court ADOPTS the Report and Recommendation in its entirety.

Accordingly, IT IS ORDERED:

1. The parties' stipulated motion for remand pursuant to sentence six of 42 U.S.C. § 405(g), ECF No. 7, is GRANTED.

2. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings, including a de novo hearing, pursuant to sentence six of 42 U.S.C. § 405(g). On remand, the administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new hearing, further update the medical record as deemed necessary, and issue a new decision.

3. If the outcome of the de novo hearing is not favorable to Plaintiff, Plaintiff may seek judicial review by reinstating this case rather than by filing a new complaint. If the outcome of the administrative proceedings is fully favorable to Plaintiff, the parties shall file a motion to dismiss the complaint.

4. The Court will retain jurisdiction of this action; no judgment shall be entered until further order of the Court.

The District Court Executive is directed to enter this Order, forward copies to counsel, and ADMINISTRATIVELY CLOSE THE FILE.


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