Filed: Dec. 12, 2016
Latest Update: Dec. 12, 2016
Summary: ORDER FOR JUDGMENT AND REMAND ROBERT E. BLACKBURN , District Judge . The matter before me is Defendant's Unopposed Motion To Remand [#22], 1 filed December 9, 2016. By this motion, defendant requests the court remand this matter for further administrative proceedings under sentence four of 42 U.S.C. 405(g). Having reviewed the motion and the file, and being apprised of the premises, the court finds and concludes that the motion is well-taken and should be granted. THEREFORE, IT IS ORD
Summary: ORDER FOR JUDGMENT AND REMAND ROBERT E. BLACKBURN , District Judge . The matter before me is Defendant's Unopposed Motion To Remand [#22], 1 filed December 9, 2016. By this motion, defendant requests the court remand this matter for further administrative proceedings under sentence four of 42 U.S.C. 405(g). Having reviewed the motion and the file, and being apprised of the premises, the court finds and concludes that the motion is well-taken and should be granted. THEREFORE, IT IS ORDE..
More
ORDER FOR JUDGMENT AND REMAND
ROBERT E. BLACKBURN, District Judge.
The matter before me is Defendant's Unopposed Motion To Remand [#22],1 filed December 9, 2016. By this motion, defendant requests the court remand this matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Having reviewed the motion and the file, and being apprised of the premises, the court finds and concludes that the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant's Unopposed Motion To Remand [#22], filed December 9, 2016, is granted,
2. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is reversed;
3. That this matter is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g);
4. That judgment shall enter in favor of plaintiff and against defendant in accordance with Fed. R. Civ. P. 58 and consistent with the United States Supreme Court's decision in Shalala v. Schaefer, 509 U.S. 292, 296-302, 113 S.Ct. 2625, 2628-32, 125 L.Ed.2d 239 (1993); and
5. That plaintiff is awarded his costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 and 28 U.S.C. § 2412(a)(1).
