Opinion
Civil Action No. 15-cv-00862-REB
11-05-2015
THOMAS ROMERO, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER FOR REMAND AND JUDGMENT
Blackburn, J.
The matter before me is Defendant's Unopposed Motion for Leave of Court To File Unopposed Motion for Voluntary Remand in Lieu of Response Brief Out of Time [#17], filed November 4, 2015. By this motion, defendant explains the reasons behind her failure to file a response to plaintiff's opening brief in this case and requests the court accept Defendant's Unopposed Motion To Remand for Further Proceedings [#17-1], filed November 4, 2015, for filing. By that motion, defendant asks the court to remand this matter to the Commissioner for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
"[#17]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order. --------
Having reviewed the motion and the file, I find and conclude that the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant's Unopposed Motion for Leave of Court To File Unopposed Motion for Voluntary Remand in Lieu of Response Brief Out of Time [#17], filed November 4, 2015, is granted, and Defendant's Unopposed Motion To Remand for Further Proceedings [#17-1], filed November 4, 2015, is accepted for filing as of the date of this order;
2. That Defendant's Unopposed Motion To Remand for Further Proceedings [#17-1], filed November 4, 2015, is granted;
3. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is reversed;
4. That this matter is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g);
5. That judgment shall enter in favor of plaintiff against defendant in accordance with Fed. R. Civ. P. 58 and consistent with the decision of the United States Supreme Court in Shalala v. Schaefer , 509 U.S. 292, 296-302, 113 S.Ct. 2625, 2628-32, 125 L.Ed.2d 239 (1993); and
6. 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).
Dated November 5, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge