Lashley v. Saul et al

Filing 22

ORDERED: The Commissioners final decision is REVERSED and REMANDED for further administrative proceedings, a new hearing, and a new decision under sentence four of 42 U.S.C. § 450(g). See Shalala v. Schaefer, 509 U.S. 292 (1993). Signed by Magistrate Judge Timothy J. Cavan on 11/20/2020. (HEG)

Case 1:20-cv-00048-TJC Document 22 Filed 11/20/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
SALLY MARIE LASHLEY,

CV 20-48-BLG-TJC

Plaintiff,
ORDER
vs.
ANDREW SAUL, Commissioner of
Social Security Administration,
Defendant.
Based upon the stipulation of the parties (Doc. 21), IT IS HEREBY
ORDERED that the Commissioner’s final decision is REVERSED and
REMANDED for further administrative proceedings, a new hearing, and a new
decision under sentence four of 42 U.S.C. § 450(g). See Shalala v. Schaefer, 509
U.S. 292 (1993).
On remand to the Commissioner of Social Security for a de novo hearing,
the Commissioner will direct the Administrative Law Judge to reconsider the
medical opinions, including the opinions of Dr. Nichol and Ms. Lyson; reconsider
the claimant’s residual functional capacity; reconsider the claimant’s credibility;
reconsider whether the claimant met a Listing; reconsider whether the claimant can
perform her past relevant work or other work in the national economy; if
necessary, to obtain supplemental evidence from a vocational expert; and to issue a

Case 1:20-cv-00048-TJC Document 22 Filed 11/20/20 Page 2 of 2

new decision. The claimant shall have the opportunity to submit new evidence and
make new arguments.
Upon proper application, Plaintiff may seek an award of reasonable attorney
fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DATED this 20th day of November, 2020.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge