Witcher v. Colvin

Filing 22

ORDER granting 21 Unopposed Motion to Remand to Social Security. IT IS FURTHERED ORDERED that Commissioner's decision is REVERSED and REMANDED to Commissioner for further administrative proceedings. PLEASE READ ORDER FOR DETAILS. Signed by Magistrate Judge Carolyn S Ostby on 3/17/2014. (CLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
LORAINE L. WITCHER,

CV 13-89-BLG-CSO

Plaintiff,
ORDER
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social
Security,
Defendant.
The Defendant, the Acting Commissioner of Social Security, by
the undersigned Special Assistant United States Attorney for the
District of Montana, has filed an unopposed motion with this Court,
pursuant to 42 U.S.C. § 405(g), to enter a judgment with an order of
reversal with remand of the case to the Defendant for further
administrative proceedings. See ECF 21.
There being no objection by Plaintiff, IT IS ORDERED that the
motion (ECF 21) is GRANTED. The Social Security Administration’s
Appeals Council must, as indicated in the motion, issue a corrected
partially favorable decision, finding Plaintiff disabled when she reached
age 50 on August 5, 2011, under Medical-Vocational Rule 201.14. As
for the period prior to August 5, 2011, the Appeals Council may, as
indicated in the motion, find Plaintiff not disabled using Rule 201.21 as

a framework and also relying on the jobs identified by the vocational
expert.
IT IS FURTHER ORDERED that, pursuant to the power of this
Court to enter a judgment affirming, modifying, or reversing the
Commissioner’s decision with remand in Social Security actions under
sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s
request for remand of this action for further proceedings, the
Commissioner’s decision is REVERSED under sentence four of 42
U.S.C. § 405(g) and REMANDED to the Commissioner for further
administrative proceedings as set out above. See Shalala v. Schaefer,
509 U.S. 292 (1993).
The Clerk of the Court must enter a separate Judgment
accordingly.
DATED this 17th day of March, 2014.

/S/ Carolyn S. Ostby
United States Magistrate Judge

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