Trujillo v. Astrue

Filing 14

ORDER granting 13 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 3/20/13.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02479-AP
MELANIE J. TRUJILLO,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER

Defendant, the Acting Commissioner of Social Security, by her 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. The Motion (Doc.
#13), filed March 20, 2013, is GRANTED.
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 assign the case to an administrative law judge
(ALJ) for a new hearing and a new decision. The Appeals Council will instruct the ALJ to
reevaluate the opinion of Dr. Kassel, along with all the other medical opinions of record, and to
reassess the claimant’s residual functional capacity in light of the record as a whole, specifying
the claimant’s ability to sit, stand, and walk and the frequency with which she needs to alternate

positions. In addition, the Appeals Council will instruct the ALJ to clarify the claimant’s mental
residual functional capacity and to account for any mental limitations found at step two when
applying the special technique under 20 C.F.R. § 404.1520a. If the record as developed and
reevaluated establishes significant work-related limitations, the ALJ will be instructed to obtain
supplemental evidence from a vocational expert.
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 20th day of March, 2013.

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

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