Krause (Pidgeon) v. Colvin

Filing 20

ORDER granting 19 Motion to Remand. IT IS ORDERED that the case be REVERSED AND REMANDED for further administrative proceedings including a de novo hearing pursuant to sentence four of 42 USC Section 405(g). (See Order for complete details) Signed by Magistrate Judge Jeremiah C. Lynch on 12/21/2016. (ELL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
SHAWNA K. (PIDGEON) KRAUSE,

CV 16-20-BU-JCL

Plaintiff,
ORDER

vs.

CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant.

Based on the stipulation of the parties,
IT IS ORDERED that the case be REVERSED and REMANDED for
further administrative proceedings including a de novo hearing pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, an administrative law judge
(ALJ) shall offer Plaintiff an opportunity for a new hearing and issue a new
decision. The ALJ shall also: (1) further develop the record by ordering a
consultative examination or calling upon a medical expert; (2) re-evaluate the
medical and other source evidence; (3) re-evaluate the lay witness evidence; and
(4) re-evaluate Plaintiffs residual functional capacity and capacity to perform
other work at step five of the sequential process, and obtain VE testimony, as
necessary.

The parties agree that reasonable attorney fees will be awarded under the
Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.
DATED this 21" day ofDecem e

eremiah C. Lynch
United States Magistrate Judge