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Woods v. Colvin

United States District Court, Tenth Circuit

December 10, 2013

JENNIFER R. WOODS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

JOHN L. KANE, District Judge.

Defendant, the Commissioner of Social Security, by her attorney, the undersigned Special Assistant United States Attorney for the District of Colorado, has moved 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 cause to the Commissioner for further administrative proceedings. Defendant's Unopposed Motion to Remand for Further Administrative Proceedings (doc. #13), filed December 9, 2013, is GRANTED. Under sentence four of 42 U.S.C. § 405(g), this Court has the power "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing." See Shalala v. Schaefer, 509 U.S. 292 (1993).

Upon remand, the Appeals Council shall to remand the matter to an administrative law judge (ALJ) for further administrative proceedings. The Appeals Council will direct the ALJ to evaluate additional evidence submitted to the Appeals Council and re-apply the sequential evaluation process. The ALJ would be instructed to obtain vocational and/or medical expert testimony if necessary.

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 administrative proceedings, this Court hereby

REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a REMAND of the cause to the Commissioner for further administrative proceedings as set out above. See Shalala v. Schaefer, 509 U.S. 292 (1993).

AND IT IS SO ORDERED.


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