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Cathey v. O'Malley

United States District Court, District of Montana
Aug 12, 2024
CV 24-83-M-DLC-KLD (D. Mont. Aug. 12, 2024)

Opinion

CV 24-83-M-DLC-KLD

08-12-2024

KARRIE JO CATHEY, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security Defendant.


ORDER

DANA L. CHRISTENSEN, DISTRICT JUDGE UNITED STATES DISTRICT COURT

Based on the stipulation of the parties, IT IS ORDERED that the Commissioner's decision in regard to Plaintiff's applications for disability benefits is REVERSED and REMANDED to the Commissioner of Social Security for a hearing before the Administrative Law Judge (ALJ) and a new decision in regard to Plaintiff's applications for disability benefits. On remand, the ALJ will take any necessary action to complete the administrative record, offer Plaintiff a hearing, reevaluate the ALJ's step 4 and 5 findings, to include obtaining vocational expert evidence as necessary, while resolving any inconsistencies between the VE testimony, the DOT, and the RFC, and issue a new decision.

This remand is made pursuant to sentence four of 42 U.S.C. § 405(g), and Plaintiff may be entitled to reasonable attorneys fees and costs pursuant to the Equal Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.


Summaries of

Cathey v. O'Malley

United States District Court, District of Montana
Aug 12, 2024
CV 24-83-M-DLC-KLD (D. Mont. Aug. 12, 2024)
Case details for

Cathey v. O'Malley

Case Details

Full title:KARRIE JO CATHEY, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social…

Court:United States District Court, District of Montana

Date published: Aug 12, 2024

Citations

CV 24-83-M-DLC-KLD (D. Mont. Aug. 12, 2024)