Engel v. Astrue

Filing 18

ORDER of Reversal and Remand. Decision is reversed and matter is remanded to Commissioner for further proceedings which shall include the neuropsychological evaluation performed after the ALJ's decision, by Judge Richard P. Matsch on 9/30/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00591-RPM
KELLY ENGEL, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security,

Defendant. _____________________________________________________________________ ORDER OF REVERSAL AND REMAND _____________________________________________________________________ For the reasons identified at the hearing held today and the Court's finding that the decision denying disability insurance benefits based on the Administrative Law Judge's written decision of December 28, 2006, is not based on substantial evidence in the record and that the ALJ failed to give adequate consideration to the medical record, particularly the reports of Dr. Dahlberg and Dr. Wong, and that there is no support in the record with respect to the claimant's prior employment as a cashier or a cleaner to support a finding that he has the residual functional capacity to perform those jobs, it is ORDERED that the decision is reversed and this matter is remanded to the Commissioner for further proceedings which shall include the neuropsychological evaluation performed after the ALJ's decision. DATED: September 30th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge