Softich v. Social Security Administration
ORDER granting 14 Motion to Remand. IT IS ORDERED that the Commissioner's decision on Plaintiff's application for disability insurance benefits is REVERSED AND REMANDED to the COMMISSIONER OF SOCIAL SECURITY for further administrative proceedings pursuant to sentence four of 42 USC 405(g). (SEE ORDER FOR FURTHER DETAILS.) Signed by Magistrate Judge Jeremiah C. Lynch on 7/25/2017. (ELL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Based on the stipulation of the parties,
IT IS ORDERED that the Commissioner’s decision on Plaintiff’s application
for disability insurance benefits is REVERSED and REMANDED to the
Commissioner of Social Security for further administrative proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will instruct
the Administrative Law Judge to:
Reevaluate the Claimant’s testimony in light of all of the evidence,
including the medical evidence.
ORDER/ PAGE 1
Give the proper weight to the opinions of the treating physician and
consultative examiner and provide appropriate reasons for rejecting their opinions,
Give further consideration to the Claimant’s maximum residual
functional capacity during the entire period at issue and provide rationale with
specific references to the evidence of record, including the medical record, in support
of assessed limitations.
Issue a new decision.
Upon proper presentation to the Court, Plaintiff will be entitled to reasonable
attorney’s fees and costs pursuant to 28 USC § 2412(d).
DONE and DATED this 25th day of July, 2017.
Jeremiah C. Lynch
United States Magistrate Judge
ORDER/ PAGE 2
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?