Milligan v. O'Malley

District Court, D. Montana

Milligan v. O'Malley

Trial Court Opinion

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

RORY MILLIGAN, CV 24-03-M-D WM Plaintiff, VS. ORDER MARTIN O’MALLEY, Commissioner of Social Security Administration, Defendant.

The parties having filed a stipulated motion to remand this matter to the

agency, IT IS ORDERED that the motion (Doc. 9) is GRANTED. The Commissioner’s final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ). The ALJ will further develop the record, as appropriate, offer Plaintiff the opportunity for a

new hearing, and issue a new decision. The ALJ will reevaluate the evidence, particularly the prior administrative medical finding from Dr. Bogumill, and reevaluate Plaintiffs statements and the step-five finding, as necessary. Remand is made under sentence four of

42 U.S.C. § 405

(g). See Melkonyan v. Sullivan,

501 U.S. 89

(1991). Plaintiff will be entitled to reasonable attorney

fees and expenses pursuant to

28 U.S.C. § 2412

(d), upon proper request. Plaintiff will be entitled to costs as enumerated in

28 U.S.C. § 1920

, under

28 U.S.C. § 2412

(a). IT IS FURTHER ORDERED that the Clerk is directed to enter Judgment in favor of Plaintiff. L DATED this y day of May, 2024.

DonaldW. Molloy, District Judge United States District Court

Reference

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