Opinion
Civil Action No. 13-cv-00763-REB
03-21-2014
KENNETH D. BARNES, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Reversing Disability Decision and Remanding to Commissioner [#17] entered by Judge Robert E. Blackburn on March 20, 2014, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is REVERSED;
2. That this case is REMANDED to the ALJ, who is directed to:
a. Solicit further vocational expert testimony or otherwise further develop the record as he deems necessary to substantiate a determination as to whether there are other jobs in the local and national economies that are within plaintiff's residual functional capacity as previously assessed;
b. Reassess his determination at step 5 of the sequential evaluation; and
c. Reassess the disability determination; and
3. That plaintiff is AWARDED his costs, to be taxed by the clerk of the court pursuant to Fed. R. Civ. P. 54(d)(1), D.C.COLO.LCivR 54.1, and 28 U.S.C. § 2412(a)(1).
DATED at Denver, Colorado, this 21st day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: ___________________
Kathleen Finney
Deputy Clerk