Evans v. O'Malley

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
THERESA EVANS,
Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.
Case No. 3:23-cv-00276-RRB
JUDGMENT AND
ORDER OF REMAND
Upon due consideration of the Stipulated Motion for Remand, filed at
Docket 10, the motion is GRANTED.
IT IS HEREBY ORDERED that the Commissioner’s final decision is
REVERSED 	and 	REMANDED 	for 	further 	administrative 	proceedings 	before 	an
Administrative Law Judge (“ALJ”). 	The ALJ will further develop the record, as
appropriate, offer Plaintiff the opportunity for a new hearing, and issue a new decision.
The ALJ will reevaluate the evidence, particularly the opinion from Rachel Markovich,
ARNP, and reevaluate Plaintiff’s statements and the step-five finding, as necessary.
IT IS FURTHER ORDERED that pending motions, if any, are DENIED, and
pending deadlines and filing requirements, if any, are VACATED.
Case 3:23-cv-00276-RRB Document 11 Filed 04/02/24 Page 1 of 2

Evans v. O’Malley 	Case No. 3:23-cv-00276-RRB
Judgment and Order of Remand 	Page 2
Remand is made under sentence four of 42 U.S.C. § 405(g). See Melkonyan
v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees and
expenses pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff will
be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 U.S.C. § 2412(a).
Judgment shall be entered for Plaintiff.
IT IS SO ORDERED this 2nd day of April, 2024, at Anchorage, Alaska.
/s/ Ralph R. Beistline
RALPH R. BEISTLINE
Senior United States District Judge
Case 3:23-cv-00276-RRB Document 11 Filed 04/02/24 Page 2 of 2