Rosil v. Commissioner Social Security Administration

UNITED STATES DISTRICT COURT DISTRICT OF OREGON AIREE ROSIL, Civil No. 6:19-CV-00862-MC Plaintiff, v. ORDER FOR REMAND Commissioner, Social Security Administration 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 medical opinions; re-evaluate Plaintiff’s residual functional capacity; and re-evaluate steps four and five with the assistance of a vocational expert.

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 15th day of April, 2020.

_____s/Michael J. McShane ____ MICHAEL J. McSHANE UNITED STATES DISTRICT JUDGE Submitted by: BILLY J. WILLIAMS, OSB #901366 United States Attorney RENATA GOWIE, OSB #175273 Assistant United States Attorney s/ Jeffrey E. Staples JEFFREY E. STAPLES Special Assistant U.S. Attorney of Attorneys for Defendant (206) 615-3706