Beaber v. Astrue et al

Filing 16

JUDGMENT by Clerk in favor of Stacie Beaber against Michael J. Astrue re: 15 Order by Clerk on 3/4/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02719-REB
STACIE BEABER,
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 [#15] entered by Judge Robert E. Blackburn on March 3, 2014, which
order is incorporated herein by this reference.
THEREFORE, 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. Reassess plaintiff’s credibility properly in light of all the evidence of
record and the deficiencies noted in this opinion;
b. Reexamine and, if necessary, correct his determination of plaintiff’s date
last insured;

c. Reevaluate all medical opinions of record, citing specific, legitimate
reasons specifically tied to the evidence of record for the weight afforded to
each of them;
d. Recontact any treating source, seek the testimony of medical experts,
order consultative examinations, solicit further vocational expert testimony,
or otherwise further develop the record as he deems necessary;
e. Determine whether the evidence is sufficient to make a finding of
equivalence at step 3 of the sequential evaluation;
f. Reassess plaintiff’s residual functional capacity; and
g. Reassess the disability determination; and
3. That plaintiff is AWARDED her costs, to be taxed by the clerk of the court
pursuant to Fed. R. Civ. P. 54(d)(1), D.C.COLO.LCivR 54.1, and 28 U.S.C. § 2412(a)(1).

DATED at Denver, Colorado, this 4th day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk