Navrkal v. Commissioner Social Security Administration

UNITED STATES DISTRICT COURT DISTRICT OF OREGON MICHELE R. NAVRKAL, Civil No. 6:22-cv-00694-MC Plaintiff, v. ORDER COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, 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: offer Plaintiff the opportunity for a new administrative hearing; reevaluate Plaintiff’s symptom allegations, as necessary; reevaluate the evidence, including the prior administrative medical findings and medical opinions and nonmedical source opinions; 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).

IT IS SO ORDERED this __6_t_h_____ day of July , 2023.

__s_/M__i_ch_a_e_l_ J_._ M__c_S_h_a_n_e_________________ UNITED STATES MAGISTRATE JUDGE Submitted by: NATALIE K. WIGHT, OSB #035576 United States Attorney KEVIN DANIELSON, OSB #065860 Executive Assistant U.S. Attorney s/ Michael J. Mullen MICHAEL J. MULLEN Special Assistant United States Attorney of Attorneys for Defendant (206) 615-2748