Edmunds v. Colvin

Filing 21

ORDER OF REMAND. Case is REVERSED and REMANDED for further administrative proceedings pursuant to the fourth sentence of 42 USC 405(g). Signed by Magistrate Judge Timothy J. Cavan on 1/9/2017. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CHARLES K. EDMUNDS, JR.,

CV 16-110-BLG-TJC

Plaintiff,
ORDER OF REMAND
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.
Based on the stipulation of the parties, it is hereby ordered that the abovecaptioned case be reversed and remanded for further administrative proceedings
pursuant to the fourth sentence of 42 U.S.C. § 405(g). Upon remand, the agency
will reevaluate Plaintiff’s ability to perform his past relevant work, including
making specific findings about how Plaintiff actually did his work and comparing
those requirements with Plaintiff’s residual functional capacity. If the agency
concludes that Plaintiff cannot perform his past relevant work, the agency will
reevaluate whether Plaintiff could perform other work existing in significant
numbers in the national economy, obtaining supplemental vocational expert
evidence.
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Upon proper application, Plaintiff may seek an award of reasonable
attorney’s fees under the Equal Access to Justice Act, 24 U.S.C. § 2412, et seq.
IT IS ORDERED.
DATED this 9th day of January, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge