Stephens v. Astrue

Filing 27

JUDGMENT by Clerk in favor of Estate of Tammy Stephens against Michael J. Astrue re: 26 Order, by Clerk on 4/25/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01162-REB
ESTATE OF TAMMY STEPHENS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Reversing Disability Decision and Remanding to
Commissioner [#26] entered by Judge Robert E. Blackburn on April 22, 2013, which
order is incorporated herein by this reference.
IT IS ORDERED as follows:
1. That the conclusion of the Commissioner through the Administrative Law
Judge that plaintiff was not disabled is REVERSED;
2. That this case is REMANDED to the ALJ, who is directed to
a. Reevaluate the treating source and other medical and non-medical
opinions of record according to the legal standards set forth in the
regulations;
b. Re-contact any treating, examining, or reviewing sources for further
clarification of their findings, seek the testimony of additional medical or
vocational experts, order additional consultative or other examinations, or

otherwise further develop the record as she deems necessary;
c. Reevaluate his determinations at the step four and five of the sequential
evaluation process in light of his reconsideration of the evidence, including
reconsideration of the other issues raised in this appeal but not addressed
in this order; and
d. Reassess the disability determination; and
3. That plaintiff is AWARDED her costs to be taxed by the clerk of the court
under FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1, and as permitted by 28
U.S.C. § 2412(a)(1).

DATED at Denver, Colorado, this 25th day of April, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk