Chalupa v. Kijakazi
Filing
20
ORDER granting 19 Motion to Remand. (APP)
Case 1:22-cv-00042-KLD Document 20 Filed 11/21/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
SHAINA E. CHALUPA,
Plaintiff,
vs.
CV-22-42-BLG-KLD
ORDER
KILOLO KIJAKAZI, Acting
Commissioner of Social Security
Administration,
Defendant.
Defendant has filed a Stipulated Motion to Remand this case for further
administrative proceedings. (Doc. 19). Accordingly,
IT IS ORDERED that the case shall be remanded under sentence four of 42
U.S.C. § 405(g). Upon remand, the Appeals Council will instruct the ALJ to: reevaluate the claimant’s residual functional capacity; re-evaluate the potential
applicability of a Listing, bearing in mind the claimant’s diagnosis of alcoholrelated neurodevelopmental disorder; offer the claimant the opportunity for a
hearing, take further action to complete the administrative record resolving the
above issues, and issue a new decision. Upon proper presentation, Plaintiff will be
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Case 1:22-cv-00042-KLD Document 20 Filed 11/21/22 Page 2 of 2
entitled to attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. §2412
et seq.
DATED this 21st day of November, 2022
______________________________
Kathleen L. DeSoto
United States Magistrate Judge
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