Fain v. Commissioner of Social Security

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 ANDREA FAIN, 9 Plaintiff, Case No. C24-5622-MLP 10 v. MINUTE ORDER 11 COMMISSIONER OF SOCIAL SECURITY, 12 Defendant. 13

14 The following Minute Order is made at the direction of the Court, the Hon. Michelle L. 15 Peterson, United States Magistrate Judge: 16 The Court previously directed the parties to file supplemental briefing addressing the 17 impact of the Ninth Circuit’s decision in Hudnall v. Dudek, 2025 WL 729701, at *3 (9th Cir. 18 Mar. 7, 2025), on the ALJ’s consideration of lay witness testimony. (Dkt. # 22.) Plaintiff timely 19 filed a supplemental brief on March 17, 2025 (dkt. # 23), and Defendant timely filed a 20 supplemental brief on March 24, 2025 (dkt. # 24). 21 Plaintiff now seeks leave to “file today or upon order of the court a five-page 22 supplemental reply brief that analyzes SSR 16-3p and explains why this ruling explicitly requires 23 an ALJ to articulate how they are evaluating lay evidence.” (Dkt. # 25.) 1 The Court finds that this additional supplemental briefing would be beneficial in this 2 case. Accordingly, on or before March 27, 2025, Plaintiff is ORDERED to file a supplemental 3 brief, no longer than five pages, addressing the relationship between SSR 16-3p and the ALJ’s 4 duty to consider lay evidence.

5 The Clerk is directed to note this matter on the Court’s calendar for March 27, 2025. 6 Dated this 26th day of March, 2025. 7 Ravi Subramanian Clerk of Court 8 By: Tim Farrell 9 Deputy Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23