Mueller, Christopher v. Colvin, Carolyn
Filing
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ORDER Entering Judgment. Signed by District Judge Barbara B. Crabb on 12/17/14. (jat)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHRISTOPHER MUELLER,
ORDER
Plaintiff,
13-cv-514-bbc
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On July 22, 2013, plaintiff Christopher Mueller filed a motion under 42 U.S.C. §
405(g), seeking review of the defendant commissioner’s final decision that he was not
disabled. On July 29, 2014, following full briefing by the parties, the court entered judgment
in favor of the commissioner. Plaintiff appealed. While the appeal was pending, counsel filed
a joint motion under Fed. R. Civ. P. 62.1(1)(3), seeking an indication from this court that
it would be inclined to grant relief from the July 29, 2014 judgment should the court of
appeals remand the case for that purpose. On November 21, 2014, this court entered such
an order. On December 16, 2014, the court of appeals remanded the case under Fed. R.
App. P. 12.1 and Cir. R. 57 for a ruling on counsel’s joint motion for judgment reversing
the commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and remanding the
case to the commissioner. The motion will be granted.
On remand, an administrative law judge will evaluate (1) plaintiff’s obesity; (2) the
treating opinion of Dr. Wolfe; (3) the claimant’s credibility; and (4) further assess the
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claimant’s residual functional capacity, and if warranted, obtain supplemental vocational
expert testimony.
ORDER
IT IS ORDERED that the decision of the Acting Commissioner of Social Security
in this case is REVERSED and the case is REMANDED to the commissioner.
Entered this 17th day of December, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge
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