Baker v. Astrue

Filing 19

ORDER granting 18 Defendant's Unopposed Motion to Remand for Further Administrative Proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, Social Security Appeals Council will remand matter to ALJ for supplemental hearing as directed in the order, by Judge John L. Kane on 9/22/09.(gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 09-cv-776-AP DONNA BAKER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER Kane, J. Defendant's Unopposed Motion to Remand for Further Administrative Proceedings (doc. #18), filed September 18, 2009, is GRANTED. This civil action is remanded to Defendant for additional administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). It is Further ordered that, upon remand, the Social Security Appeals Council will remand the matter to an administrative law judge (ALJ) for a supplemental hearing. The ALJ will be directed to perform the following upon remand: consult a medical expert regarding Plaintiff's disability onset date; and consider all relevant evidence, including evidence from Julius J. Budnick, Plaintiff's treating physician. Dated: September 22, 2009. BY THE COURT: s/John L. Kane JOHN L. KANE, SENIOR JUDGE UNITED STATES DISTRICT COURT

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