Chalupa v. Kijakazi

Filing 20

ORDER granting 19 Motion to Remand. (APP)

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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

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