MANNING v. BERRYHILL, CV 15-164-M-DLC-JCL. (2017)
Court: District Court, D. Montana
Number: infdco20170425b35
Visitors: 6
Filed: Apr. 24, 2017
Latest Update: Apr. 24, 2017
Summary: ORDER JEREMIAH C. LYNCH , Magistrate Judge . Based on the stipulation of the parties, it is ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. 405(g). On remand, an administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new hearing, further develop the record, and issue a new decision. The ALJ shall also: • The ALJ shall reevaluate the severity of Plaintiffs respirat
Summary: ORDER JEREMIAH C. LYNCH , Magistrate Judge . Based on the stipulation of the parties, it is ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. 405(g). On remand, an administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new hearing, further develop the record, and issue a new decision. The ALJ shall also: • The ALJ shall reevaluate the severity of Plaintiffs respirato..
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ORDER
JEREMIAH C. LYNCH, Magistrate Judge.
Based on the stipulation of the parties, it is ORDERED that the case be REVERSED and REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new hearing, further develop the record, and issue a new decision. The ALJ shall also:
• The ALJ shall reevaluate the severity of Plaintiffs respiratory impairment and the pertinent listings.
• The ALJ should reassess Plaintiffs symptoms and testimony under SSR 16-3 p.
• The ALJ should consider all medical source opinions, specifically considering the opinions of Kurt Thorderson, M.D., Sushrut Patel, M.D.
• The ALJ should provide specific reasoning for the weight given to opinion evidence, discussing the evidentiary basis for conclusions.
• The ALJ shall consider the opinion of vocational counselor Shana Hammer.
• Include all unrejected work related limitations in the RFC finding.
• Further consider Plaintiffs residual functional capacity assessment with the assistance of testimony from a vocational expert, if warranted.
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.
Source: Leagle
