Vigil v. Colvin

Filing 38

ORDER granting 37 Defendant's Unopposed Motion for Remand seeking entry of judgment and a remand for further administrative proceedings under 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 12/7/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-01990-WYD
PAUL R. VIGIL,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER
Daniel, J.
Defendant's Unopposed Motion for Remand (ECF No. 37), 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 Commissioner is
REVERSED and the case REMANDED for further administrative proceedings pursuant
to sentence four of 42 U.S.C. § 405(g).
Upon remand, the Appeals Council will direct the administrative law judge (ALJ)
to allow Plaintiff the opportunity for a new hearing and to submit new relevant medical
evidence. The ALJ will evaluate all opinion evidence of record and will explain the
weight provided to each opinion with citations to record evidence that supports the
weight assigned. The ALJ will re-evaluate Plaintiff’s work as a customer service
representative to determine whether that work meets all the requirements of past
relevant work. The ALJ will also obtain supplemental vocational expert evidence

regarding Plaintiff’s past relevant work and to determine whether Plaintiff has any skills
from past relevant work that would transfer to sedentary work. The ALJ will proceed
through the sequential evaluation process as necessary to issue a de novo decision.
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: December 7, 2015
BY THE COURT:

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