Navrkal v. Comm'r Soc. Sec. Admin.

Full title: MICHELE R. NAVRKAL, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, District of Oregon

Date published: Jul 6, 2023

CIVIL 6:22-cv-00694-MC (D. Or. Jul. 6, 2023)

Opinion

CIVIL 6:22-cv-00694-MC

07-06-2023

MICHELE R. NAVRKAL, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.

NATALIE K. WIGHT United States Attorney KEVIN DANIELSON Executive Assistant U.S. Attorney MICHAEL J. MULLEN Special Assistant United States Attorney Attorneys for Defendant

MICHAEL J. McSHANE, UNITED STATES MAGISTRATE JUDGE

NATALIE K. WIGHT

United States Attorney

KEVIN DANIELSON

Executive Assistant U.S. Attorney

MICHAEL J. MULLEN

Special Assistant United States Attorney

Attorneys for Defendant

ORDER

MICHAEL J. McSHANE, UNITED STATES MAGISTRATE JUDGE

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.