Decker v. Colvin

Filing 26

MEMORANDUM DECISION AND ORDER - Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioners decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405 (g), and in light of the Commissioners request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioners decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings as set forth above. Signed by Magistrate Judge Paul M. Warner on 12/16/2016. (las)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

HEIDI DECKER,
Court No. 2:16-cv-00374-PMW
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

MEMORANDUM DECISION AND
ORDER

Honorable Judge Paul M. Warner
Defendant.

Defendant, the Acting Commissioner of Social Security (Commissioner), by and through
her counsel, has filed an unopposed motion with this Court, pursuant to sentence four of
42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the
Commissioner for further administrative proceedings. On order of the Court, the Social Security
Administration’s Appeals Council will vacate the administrative law judge’s (ALJ’s) decision
and instruct the ALJ to conduct a de novo review.
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, this Court hereby REVERSES the Commissioner’s decision under

sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further
administrative proceedings as set forth above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
DATED this 16th day of December, 2016.
BY THE COURT:

________________________________
Paul M. Warner
United States Magistrate Judge

1

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