Rummell v. Kijakazi
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
- Status
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