Havens v. Comm'r, Soc. Sec. Admin.

Full title: DUSTIN J. HAVENS Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, District of Oregon

Date published: Jul 12, 2023

CIVIL 6:23-CV-00308-MK (D. Or. Jul. 12, 2023)

Opinion

CIVIL 6:23-CV-00308-MK

07-12-2023

DUSTIN J. HAVENS Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant.

NATALIE K. WIGHT, OSB #035576 United States Attorney KEVIN DANIELSON, OSB #065860 Executive Assistant United States Attorney L. JAMALA EDWARDS Special Assistant United States Attorney of Attorneys for Defendant

MICHAEL J. MCSHANE UNITED STATES DISTRICT JUDGE

NATALIE K. WIGHT, OSB #035576 United States Attorney

KEVIN DANIELSON, OSB #065860 Executive Assistant United States Attorney

L. JAMALA EDWARDS Special Assistant United States Attorney of Attorneys for Defendant

ORDER FOR REMAND

MICHAEL J. MCSHANE UNITED STATES DISTRICT JUDGE

Based on the stipulation between the parties it is hereby ORDERED that the abovecaptioned case be reversed and remanded. Upon remand, the Appeals Council will instruct an Administrative Law Judge (ALJ) to issue a new decision and instruct the ALJ to re-evaluate the evidence of record, give further consideration to the subjective symptom allegation and the residual functional capacity, and to offer Plaintiff the opportunity for a new hearing. The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.

IT IS SO ORDERED.