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)

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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 Page 1 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 (303) 844-7368 Page 2 DEFENDANT’S ORDER OF REMAND - [3:23-cv-00265-MC]

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