Mikelis v. Colvin

Filing 17

ORDER granting 13 Sentence 6 Remand by Judge John L. Kane on 07/21/2014. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 14-cv-1017-JLK
EFFTHIA MIKELIS,
aka EFFTHIA PAPADOPOLOULOS,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER GRANTING SENTENCE 6 REMAND
Judge John L. Kane ORDERS
This matter is before me on Plaintiff Effthia Mikelis’s Motion for Early Remand under
Sentence 6 of 42 U.S.C. § 405(g) (Doc. 13). The Motion is premised on the ALJ’s failure to
develop the record regarding Plaintiff’s February 2011 hysterectomy, with the result that the
record on which his adverse decision was based includes an erroneous “treatment gap” from
December 2010 to June 2011. The ALJ relied on this treatment gap, at least in part, to find
Plaintiff’s testimony regarding her limitations and disabilities “not credible.” Because the
February 2011 records are arguably material under the standards set forth in Sullivan v.
Finkelstein, 496 U.S. 617, 626 (1990) and Wilson v. Astrue, 602 F.3d 1136, 1148 (10th Cir.
2010), I find the most prudent course of action is have Plaintiff’s claims decided on a complete
record in the first instance. Accordingly,
Plaintiff’s Motion is GRANTED and the matter REMANDED to the agency for for
further proceedings.
Dated: July 21, 2014.
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE