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)

Download PDF
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. /// /// 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?