Miller v. Commissioner Social Security Administration

Filing 12

ORDER: Granting Stipulated Motion to Remand 11 . Signed on 11/14/2023 by Judge Michael J. McShane. (cp)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MELISSA ANN MILLER,

Civil No. 3:23-cv-00265-MC

Plaintiff,
v.

ORDER OF REMAND

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.
Based on the stipulation of the parties, the Court hereby ORDERS that this case be
remanded to the agency for further administrative proceedings pursuant to the fourth sentence of
42 U.S.C. § 405(g). Upon remand, the Appeals Council will instruct the Administrative Law
Judge (ALJ) to offer the claimant the opportunity for a hearing, if necessary; take further action
to complete the administrative record as necessary; and issue a new decision.
After judgment, Plaintiff may be entitled to reasonable attorney’s fees and costs pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.
14th
November 2023.
IT IS SO ORDERED this _________
day of ____________

s/Michael J. McShane
____________________________________
UNITED STATES MAGISTRATE JUDGE

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DEFENDANT’S ORDER OF REMAND - [3:23-cv-00265-MC]

Submitted by:
NATALIE K. WIGHT, OSB #035576
United States Attorney
KEVIN DANIELSON
Executive Assistant U.S. Attorney
Mathew Pile
Associate General Counsel
Office of Program Litigation, Office 7
s/Jennifer C. Forsyth
JENNIFER C. FORSYTH
Special Assistant United States Attorney
Attorneys for Defendant
[phone]

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DEFENDANT’S ORDER OF REMAND - [3:23-cv-00265-MC]