Edmonds v. Kijakazi

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION JUSTIN A. EDMONDS, CASE NO. 4:23-CV-00047-JTJ Plaintiff, ORDER REMANDING CASE v. MARTIN O’MALLEY, Commissioner of Social Security, Defendant.

The Commissioner’s final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ). On remand, the ALJ shall: further develop the record, as necessary; offer Plaintiff the opportunity for a new administrative hearing; reevaluate the evidence; 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 12th day of February, 2024.

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