Mahaffey v. Colvin

Filing 27

JUDGMENT in favor of Elvis L Mahaffey against Carolyn W. Colvin re: 26 Oral Argument Hearing, by Clerk on 11/20/15. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01392-MSK
ELVIS L. MCHAFFEY,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

FINAL JUDGMENT

The oral findings and conclusions made in open court by Chief Judge Marcia S. Krieger,
on November 19, 2015, are incorporated herein by reference. Consistent therewith it is
ORDERED that the Decision of the Commissioner is REVERSED. This matter is
REMANDED for further reconsideration for a step 4 and step 5 assessment by the
administrative law judge in accordance with the oral findings of the Court, and specifically as
follows:
1.

The administrative law judge shall find that the claimant has a physical
impairment of derangement of the right knee that prevents him from
walking or standing more than two hours in an eight-hour day.

2.

The administrative law judge shall find that the claimant suffers from
mental impairments as diagnosed by doctors Madsen, Vega, and
Rodriguez. Taking into account the consistent GAF scores by three
different practitioners over a two-year period, the administrative

law judge shall make specific findings as to the degree of impairment for
each functional area described in 20 CFR §404.1520a(c), and 416.920 a(c)
3.

Because this decision does not comport with the directive of the appeals
council, and it is being reversed for clear legal error, the transcript of the
prior hearing suggests either antipathy or at a minimum lack of
impartiality by the administrative law judge, upon remand this matter will
be assigned to an administrative law judge other than William Musseman.

Any request for costs or attorney fees shall be made within 14 days of the date of this judgment.

Dated at Denver, Colorado this 20th day of November, 2015.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/Patricia Glover
Patricia Glover
Deputy Clerk