Cross v. Astrue

Filing 18

Final JUDGMENT by Clerk in favor of Mark A. Cross against Michael J. Astrue re: 17 Order by Clerk on 3/12/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03310-REB
MARK CROSS,
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 [#17] entered by Judge Robert E. Blackburn on March 12, 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. Reweigh the various medical opinions of record, considering particularly
whether those of plaintiff’s treating source may be entitled to controlling
weight, and, if not, articulating specific, legitimate reasons tied to the
evidence of record and guided by the factors enumerated in 20 C.F.R. §
404.1527(c) for the weight ultimately assigned to those opinions as well as

all others of record;
b. Reevaluate plaintiff’s residual functional capacity in light of her
determinations in paragraph 2(a) above, articulating specific reasons based
on the evidence of record supporting the various capacities found;
c. Recontact 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;
d. Reevaluate her determinations at steps 4 and 5 of the sequential
evaluation; and
e. Reassess the disability determination; and
3. That plaintiff is AWARDED his 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 12th day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk