Gallegos v. Astrue

Filing 17

ORDER granting 16 Defendant's Unopposed Motion to Remand for Further Proceedings, by Judge John L. Kane on 8/8/12.(lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03260-AP GEORGE M. GALLEGOS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER Upon review of Defendant’s Unopposed Motion to Remand for Further Proceedings (doc. #16), filed on August 8, 2012, IT IS ORDERED that said motion is GRANTED. Pursuant to sentence four of 42 U.S.C. § 405(g), the Court orders that Defendant will remand the matter to an administrative law judge (ALJ) for further administrative proceedings on Plaintiff’s application for supplemental security income, including a de novo hearing and a new decision. Upon remand, the agency will direct the ALJ to: (1) reevaluate the credibility of Plaintiff’s allegations; (2) obtain a medical expert or request a consultative examination; and (3) reevaluate Plaintiff’s residual functional capacity, citing to specific evidence in the record. Further, the Clerk will enter a judgment in accordance with Fed. R. Civ. P. 58, consistent with the United States Supreme Court’s decision in Shalala v. Shaefer, 509 U.S. 292, 296-302 (1993). DATED this 8th day of August, 2012. s/John L. Kane JOHN L. KANE, SENIOR JUDGE UNITED STATES DISTRICT COURT 2

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