Husted v. Colvin

Filing 17

ORDER granting 16 Unopposed Motion to Remand. By Judge Robert E. Blackburn on 2/1/17. (kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 16-cv-02489-REB
LENA K. HUSTED,
Plaintiff,
v.
NANCY A. BERRYHILL,1 Acting Commissioner of Social Security,
Defendant.

ORDER FOR JUDGMENT AND REMAND
Blackburn, J.
The matter before me is Defendant’s Unopposed Motion To Remand [#16],2
filed January 31, 2017. By this motion, defendant requests the court remand this matter
for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
Having reviewed the motion and the file, and being apprised of the premises, the court
finds and concludes that the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant’s Unopposed Motion To Remand [#16], filed January 31,
2017, is granted,

1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 21, 2017,
and thus her name is substituted for that of Carolyn Colvin as the defendant in this suit. FED. R. CIV. P.
25(d)(1). By virtue of the last sentence of 42 U.S.C. § 405(g), no further action need to taken to continue
this lawsuit.
2

“[#16]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

2. That the conclusion of the Commissioner through the Administrative Law
Judge that plaintiff was not disabled is reversed;
3. That this matter is remanded to the Commissioner for further administrative
proceedings pursuant to sentence four of 42 U.S.C. § 405(g);
4. That judgment shall enter in favor of plaintiff and against defendant in
accordance with Fed. R. Civ. P. 58 and consistent with the United States Supreme
Court's decision in Shalala v. Schaefer, 509 U.S. 292, 296-302, 113 S.Ct. 2625, 262832, 125 L.Ed.2d 239 (1993); and
5. That plaintiff is awarded her costs, to be taxed by the clerk of the court
pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 and 28 U.S.C.
§ 2412(a)(1).
Dated February 1, 2017, at Denver, Colorado.
BY THE COURT:

2