Jeffs v. Astrue

Filing 28

MEMORANDUM DECISION granting 27 Motion to Remand to Social Security Administration. Signed by Judge Robert J. Shelby on 05/10/2013. (tls)

______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
______________________________________________________________________________
LEE DAWN JEFFS,

:
Court No. 2:12-CV-00251-RJS
Plaintiff,

vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

:
:

ORDER RE: DEFENDANT’S MOTION
FOR REMAND

:

:
Defendant.
______________________________________________________________________________
AND NOW, this 9th day of May, 2013, upon consideration of Defendant’s Motion to
Remand, and good cause appearing therefor, the Court hereby REVERSES the Commissioner’s
decision in this matter under sentence four of 42 U.S.C. § 405(g), 1 and REMANDS the cause to
the Commissioner for further administrative proceedings, as follows:
On remand, the Appeals Council will remand the matter to an Administrative Law Judge
(“ALJ”). The Appeals Council will direct the ALJ to give the claimant an opportunity for a new
hearing and a new decision; for reassessment of the claimant’s maximum residual functional
capacity with citation to the specific evidence in support of the assessed limitations; reevaluation
of the medical and other opinion evidence; further evaluation of whether the claimant can
perform her past relevant work; and if necessary, to obtain vocational expert evidence on

1

The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of
Civil Procedure, Rule 58.

whether the claimant can make an adjustment to other work that exists in significant numbers in
the national economy with her assessed residual functional capacity.
Accordingly, it is ordered that this case is reversed and remanded for further proceedings
under sentence four of 42 U.S.C. § 405(g).
BY THE COURT:

___________________________________
ROBERT J. SHELBY
United States District Judge