Redstar Jr. v. Commissioner of Social Security

Filing 22

ORDER: Based upon the stipulation of the parties, IT IS HEREBY ORDERED that the Commissioners final decision is REVERSED and REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Signed by Magistrate Judge Timothy J. Cavan on 1/7/2022. (HEG)

Case 1:21-cv-00039-TJC Document 22 Filed 01/07/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CV 21-39-BLG-TJC

EUGENE CHICCO REDSTAR, JR.,
Plaintiff,

ORDER

vs.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security
Administration,
Defendant.

Based upon the stipulation of the parties, IT IS HEREBY ORDERED that
the Commissioner’s final decision is REVERSED and REMANDED for further
administrative proceedings under sentence four of 42 U.S.C. § 405(g). On remand,
the Administrative Law Judge will:
(1)

Offer Plaintiff the opportunity for a new hearing;

(2)

Further consider the opinion evidence, including the opinion of Hans

Bone, PAC, pursuant to 20 C.F.R. §§ 404.1520c and 416.920c; and
(3)

Reevaluate the claimant’s subjective testimony, reevaluate the

claimant’s residual functional capacity, continue with the sequential evaluation,
obtain vocational expert testimony, and issue a new decision.
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Case 1:21-cv-00039-TJC Document 22 Filed 01/07/22 Page 2 of 2

Upon proper application, Plaintiff may seek an award of reasonable attorney
fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
DATED this 7th day of January, 2022.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge

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