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METTERS v. COLVIN, 14-cv-01908-AP. (2014)

Court: District Court, D. Colorado Number: infdco20141223b75 Visitors: 8
Filed: Dec. 22, 2014
Latest Update: Dec. 22, 2014
Summary: ORDER JOHN L. KANE, District Judge. The Court, having considered the parties' Stipulation to Remand for Further Proceedings, and good cause appearing therefor, hereby WITHDRAWS Defendant's Answer and REMANDS the case to the Commissioner for further agency action. 1 IT IS FURTHER ORDERED that, upon remand, the agency's Appeals Council shall reopen Plaintiff's subsequent favorable determination and consolidate it with the application at issue in this appeal for further consideration. The
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ORDER

JOHN L. KANE, District Judge.

The Court, having considered the parties' Stipulation to Remand for Further Proceedings, and good cause appearing therefor, hereby WITHDRAWS Defendant's Answer and REMANDS the case to the Commissioner for further agency action.1

IT IS FURTHER ORDERED that, upon remand, the agency's Appeals Council shall reopen Plaintiff's subsequent favorable determination and consolidate it with the application at issue in this appeal for further consideration. The Appeals Council shall also affirm that Plaintiff was disabled as of his 50th birthday.

IT IS FURTHER ORDERED that Plaintiff's Motion to Remand Under Sentence Six and his Motion to Supplement the Record are WITHDRAWN from the record at this time.

Accordingly, it is ordered that this case is reversed and remanded for further proceedings under sentence six of 42 U.S.C. § 405(g).

AND IT IS SO ORDERED.

FootNotes


1. Pursuant to Shalala v. Schaefer, 509 U.S. 292, 297 (1993) and Melkonyan v. Sullivan, 501 U.S. 89, 96 (1991), this Court will not enter judgment until "after post-remand agency proceedings have been completed and their results filed with the court."
Source:  Leagle

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