Barnes v. Colvin

Filing 18

Final JUDGMENT by Clerk in favor of Kenneth D. Barnes against Carolyn Colvin re: 17 Order by Clerk on 3/21/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00763-REB
KENNETH D. BARNES,
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 20, 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. Solicit further vocational expert testimony or otherwise further develop
the record as he deems necessary to substantiate a determination as to
whether there are other jobs in the local and national economies that are
within plaintiff’s residual functional capacity as previously assessed;
b. Reassess his determination at step 5 of the sequential evaluation; and

c. 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 21st day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk