Opinion
Civil Action No. 15-cv-00926-REB
11-03-2015
SHANTAE SHINHOLSTER, 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 Remand [#12], filed November 2, 2015. By this motion, defendant requests that 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, I find and conclude that the motion is well-taken and should be granted.
"[#12]" 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. --------
THEREFORE, IT IS ORDERED as follows:
1. That Defendant's Unopposed Motion for Remand [#12], filed November 3, 2015, is granted,
2. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled 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 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
5. That plaintiff is awarded her 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 3, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge