Moomy v. Colvin

Filing 16

JUDGMENT by Clerk: in favor of Ruthann Moomy against Carolyn W. Colvin re: 15 Order Reversing Disability Decision and Remanding to Commissioner. By Clerk on 5/29/15. (kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01108-REB
RUTHANN MOOMY,
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 May 28, 2015, 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. Seek further clarification and/or supplementation of Dr. Smith’s
treatment notes;
b. Recontact any treating or examining physicians for further clarification of
their findings, seek the testimony of medical experts, order further
consultative examinations, or otherwise further develop the record as he
deems necessary;

c. Reevaluate plaintiff’s residual functional capacity at step 4 of the
sequential evaluation process, articulating fully his findings in this regard
and properly weighing those medical opinions of record which are
contemporaneous with plaintiff’s alleged period of disability, including but
not limited to, those of Drs. Smith and Quintero;
d. If necessary and based on his determination at step 4, make findings
relevant to step 5 of the sequential evaluation; and
e. Reassess the disability determination; and
3. That plaintiff is AWARDED her costs to be taxed by the clerk of the court
under FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1, and as permitted by 28
U.S.C. § 2412(a)(1).
DATED at Denver, Colorado, this 29th day of May, 2015.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/ Kathleen Finney
Kathleen Finney
Deputy Clerk