Opinion
Civil Action No. 19-cv-03048-MSK
03-27-2020
ERIC GOMEZ, Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
ORDER FOR JUDGMENT AND REMAND
Krieger, J.
THIS MATTER comes before the Court pursuant to the Defendant's Unopposed Motion for Remand (# 20), filed March 27, 2020. 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 the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant's Unopposed Motion for Remand (# 20) is GRANTED;
2. That the conclusion of the Commissioner through the Administrative Law Judge 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), D.C.COLO.LCivR 54.1 and 28 U.S.C. § 2412(a)(1).
Dated this 27th day of March, 2020.
BY THE COURT:
/s/_________
Marcia S. Krieger
Senior United States District Judge