Gallegos et al v. Astrue

Filing 19

ORDER re: 18 Unopposed MOTION to Remand Pursuant to Sentence Four filed by Michael J. Astrue and 15 MOTION to Remand to the Social Security Administration and Supplement Record filed by Janice Gallegos. ORDERED that this Court REVERSES the Commissioners decision and REMANDS the cause to the Commissioner for further administrative proceedings, by Judge John L. Kane on 8/3/12. (sgrim, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00646-AP
JANICE GALLEGOS O/B/O A.N.G.
and
STARLA ROMINE O/B/O R.I.A.G.
AS SUBSTITUTE PARTIES FOR CLAIMANT
LEROY D. GALLEGOS (DECEASED)
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER

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 will recommend that the ALJ further develop the
record and evaluate additional evidence, includingevidence from San Juan Regional Medical
Center dated July 15 to 18, 1989; a July 8, 2011 psychological evaluation report by Richard

Madsen, Ph.D.; Plaintiff’s individual education plan (IEP) dated October 1987; and a
psychological evaluation dated February 25, 1985. The Appeals Council will direct the ALJ to
further evaluate the claimant’s mental impairments over a longitudinal period, taking care to
provide appropriate “B-criteria” findings if a severe mental impairment is found. The Appeals
Council will also direct the ALJ to re-evaluate Plaintiff’s residual functional capacity and, if
necessary, obtain vocational expert testimony to clarify the impact of the revised residual
functional capacity assessment on the occupational base.
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 3rd day of August, 2012.

s/John L. Kane
___
Judge John L. Kane
United States District Court Judge

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