Santamarina v. Commissioner Social Security Administration

UNITED STATES DISTRICT COURT DISTRICT OF OREGON ANTHONY J. SANTAMARINA, JR., Civil No. 3:19-CV-00392-MC Plaintiff, v. ORDER FOR REMAND ANDREW SAUL, Commissioner of Social Security, Defendant.

The Commissioner’s final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ), a de novo hearing, and a new decision in regard to Plaintiff’s application(s) for benefits under the Social Security Act. On remand, the ALJ will re-evaluate the evidence, including the opinions from Dr. Imgard; re- evaluate Plaintiff’s alleged symptoms and residual functional capacity, as necessary; and obtain supplemental vocational expert evidence to re-evaluate whether Plaintiff could perform other jobs existing in significant numbers in the national economy, 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 to this Court. Plaintiff will be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 U.S.C. § 2412(a). Judgment shall be entered for Plaintiff.

IT IS SO ORDERED this __2_0_th_____ day of December , 2019. ___s_/_M_i_c_h_a_e_l _J._ M__c_S_h_a_n_e________________ UNITED STATES DISTRICT JUDGE