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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