Burnell v. Colvin

Filing 19

ORDER Granting 18 Defendant's Unopposed Motion for Remand. The final decision of the agency is REVERSED and the case REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk is directed to enter a judgment in accordance with Fed. R. Civ. P. 58, consistent with the United States Supreme Court's decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993)., by Judge Wiley Y. Daniel on 8/19/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-00308-WYD
RICHARD BURNELL,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER
Daniel, J.
Defendant's Unopposed Motion for Remand (ECF No. 18), seeking entry of
judgment and a remand for further administrative proceedings under sentence four of
42 U.S.C. § 405(g), is GRANTED. The final decision of the agency is REVERSED and
the case REMANDED for further administrative proceedings pursuant to sentence four
of 42 U.S.C. § 405(g). On remand, the agency will reconsider Plaintiff’s claim de novo,
including reevaluating Plaintiff’s residual functional capacity consistent with the agency’s
regulations – considering all Plaintiff’s impairments and weighing all the opinions of
record – and reconsidering whether Plaintiff can perform his past relevant work or other
work existing in significant numbers in the national economy.
The Clerk is directed to enter a judgment in accordance with Fed. R. Civ. P. 58,
consistent with the United States Supreme Court's decision in Shalala v. Schaefer, 509
U.S. 292, 296-302 (1993).

Dated: August 19, 2015
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE