Dionese v. Colvin
ORDER granting 18 Motion to Remand entered by Judge Wiley Y. Daniel on 2/10/16. (rkeec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No.
JAMIE L. DIONESE,
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
THIS MATTER comes before the Court upon consideration of Defendant's
Unopposed Motion to Remand, and good cause appearing therefor, it is hereby
ORDERED that the Court hereby REVERSES the Commissioner's decision in this
matter under sentence four of 42 U.S.C. ' 405(g), and REMANDS the cause to the
Commissioner for further administrative proceedings. Specifically, the Appeals Council
will direct the administrative law judge (ALJ) to re-evaluate the opinion evidence and
explain the weight given to each such opinion with citations to evidence that supports the
weight assigned. The ALJ will not give weight to or rely upon the opinion of the single
decision maker (SDM). The ALJ will also re-evaluate Plaintiff’s residual functional
capacity and provide specific citations to evidence of record to support the limitations
included. The ALJ will afford Plaintiff the opportunity to submit additional relevant
evidence and attend a supplemental hearing. If necessary, the ALJ will obtain
supplemental vocational expert testimony. The ALJ will proceed through the sequential
evaluation process as necessary to reach a de novo decision.
It is further ORDERED that the Clerk of the Court will enter a separate judgment
pursuant to Fed. R. Civ. P. 58. See Shalala v. Schaefer, 509 U.S. 292 (1993).
Dated: February 10, 2016
BY THE COURT:
/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
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