Durance v. Commissioner, Social Security

Filing 24

ORDER granting 23 Motion to Remand. ORDERED that the Commissioner's decision is REVERSED under sentence four of 42.S.C. § 405(g)1 and REMANDED to the Commissioner for further administrative proceedings by Judge John L. Kane on 03/03/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 14-cv-02384-JLK
CECILIA DURANCE o/b/o ROBERT MONTELONGO,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER
Kane. J.
On consideration of Defendant’s Unopposed Motion for Remand Pursuant to Sentence
Four of 42 U.S.C. § 405(g) (Doc. 23), and for good cause appearing,
ORDERED that the Commissioner’s decision is REVERSED under sentence four of 42
U.S.C. § 405(g)1 and REMANDED to the Commissioner for further administrative proceedings,
as follows:
On remand, the Appeals Council will remand the matter to an administrative law judge
(ALJ) for further evaluation of the record and a new decision. The Appeals Council will direct
the ALJ to:


evaluate and weigh the opinion of Dr. Mory at Exhibit 20F;

1
The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil
Procedure, Rule 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302
(1993).



further evaluate whether there are jobs that exist in significant numbers
that Plaintiff can perform; and



obtain supplemental vocational expert evidence.

Dated: March 3, 2015
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE