Rose v. Commissioner Social Security Administration

UNITED STATES DISTRICT COURT DISTRICT OF OREGON MICHAEL ROSE, Civil No. 2:24-cv-01924-AR 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). Upon remand, the Appeals Council shall instruct the ALJ to further develop the record, as necessary; reevaluate the evidence, including the opinion of Sarah Gregg NP; reevaluate the residual functional capacity, as necessary; 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 ___4_th_ _ _ _ _ d a y o f September , 2025.

_____/s_/ _J_e_ff_ A__r_m_i_st_e_a_d__________________ UNITED STATES MAGISTRATE JUDGE Submitted by: SCOTT E. BRADFORD, CAB #062824 United States Attorney KEVIN DANIELSON, OSB #065860 Executive Assistant U.S. Attorney s/ Michael J. Mullen MICHAEL J. MULLEN, WSBA #54288 Special Assistant United States Attorney of Attorneys for Defendant (206) 615-2748