Chalupa v. Kijakazi

Filing 20

ORDER granting 19 Motion to Remand. (APP)

Download PDF
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 // // 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?