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Santamarina v. Saul, 3:19-CV-00392-MC. (2019)

Court: District Court, D. Oregon Number: infdco20191223f08
Filed: Dec. 20, 2019
Latest Update: Dec. 20, 2019
Summary: ORDER FOR REMAND MICHAEL J. McSHANE , District Judge . The Commissioner's final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ), a de novo hearing, and a new decision in regard to Plaintiff's application(s) for benefits under the Social Security Act. On remand, the ALJ will re-evaluate the evidence, including the opinions from Dr. Imgard; re-evaluate Plaintiff's alleged symptoms and residual functional capacity, as necessary;
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ORDER FOR REMAND

The Commissioner's final decision is REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge (ALJ), a de novo hearing, and a new decision in regard to Plaintiff's application(s) for benefits under the Social Security Act. On remand, the ALJ will re-evaluate the evidence, including the opinions from Dr. Imgard; re-evaluate Plaintiff's alleged symptoms and residual functional capacity, as necessary; and obtain supplemental vocational expert evidence to re-evaluate whether Plaintiff could perform other jobs existing in significant numbers in the national economy, as necessary.

Remand is made under sentence four of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees and expenses pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff will be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 U.S.C. § 2412(a). Judgment shall be entered for Plaintiff.

IT IS SO ORDERED.

Source:  Leagle

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