Rummell v. Kijakazi

District Court, D. Montana

Rummell v. Kijakazi

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

GWENDLYN J. RUMMELL, CV-22-126-BLG-KLD Plaintiff,

vs. ORDER

KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration,

Defendant.

Defendant Kilolo Kijakazi, Acting Commissioner of Social Security Administration, has filed a Stipulated Motion for Remand. (Doc. 16). Accordingly, and good cause appearing, IT IS ORDERED that the stipulated motion is GRANTED. The Commissioner’s final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ). On remand, the ALJ shall: offer Plaintiff the opportunity for a new administrative hearing; further evaluate Plaintiff’s symptom allegations; reevaluate the evidence, including the medical opinions and prior administrative findings; and issue a new decision. Remand shall be made under sentence four of

42 U.S.C. § 405

(g). See Melkonyan v. Sullivan,

501 U.S. 89

(1991). Upon proper presentation, the Court

will consider Plaintiff’s application for reasonable attorney fees and expenses pursuant to

28 U.S.C. § 2412

(d) and costs as enumerated in

28 U.S.C. § 1920

, under

28 U.S.C. § 2412

(a). Judgment shall be entered for Plaintiff.

DATED this 8th day of August, 2023.

______________________________ Kathleen L. DeSoto United States Magistrate Judge

Reference

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