Johnson v. Astrue

Filing 12

ORDER granting 11 Motion to Remand. REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a REMAND of the cause to the Commissioner for further administrative proceedings as set out above, by Judge John L. Kane on 6/6/12.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02698-AP
SANDY JOHNSON,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER GRANTING MOTION TO REMAND

Defendant, the Commissioner of Social Security, by his attorney, the undersigned
Assistant United States Attorney for the District of Colorado, has moved this Court, pursuant to
sentence four of 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand
of the cause to the Commissioner for further administrative proceedings. Under sentence four of
42 U.S.C. § 405(g), this Court has the power “to enter, upon the pleadings and transcript of the
record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or
without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509 U.S. 292 (1993).
Upon remand, the Appeals Council shall remand the matter to an administrative law
judge (ALJ) for a new hearing and a new decision. The Appeals Council shall direct the ALJ to
reevaluate whether the claimant’s impairments meet or equal Listing 12.05, in accordance with
agency regulations and policy, with consideration to the claimant’s lowest IQ scores on the
WAIS intelligence test. The Appeals Council shall also direct the ALJ to, if necessary, further
evaluate the claimant’s residual functional capacity and obtain supplemental vocational expert
testimony.

Pursuant to the power of this Court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under sentence
four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action
for further administrative proceedings, this Court hereby
REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with
a REMAND of the cause to the Commissioner for further administrative proceedings as set out
above. See Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.
Dated at Denver, Colorado this 6th day of June, 2012.
s/John L. Kane _____
Judge John L. Kane
United States District Court Judge

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