Gomez v. Commissioner, Social Security Administration

D. Colorado

Gomez v. Commissioner, Social Security Administration

District Court, D. Colorado·Decided March 27, 2020·No. 1:19-cv-03048·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Marcia S. Krieger Civil Action No. 19-cv-03048-MSK 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: □

Marcia S. Krieger Senior United States District Judge

2.

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Marcia S. Krieger Civil Action No. 19-cv-03048-MSK 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: □

Marcia S. Krieger Senior United States District Judge

2.

Gomez v. Commissioner, Social Security Administration, (D. Colo. 2020).

Pincite

Gomez v. Commissioner, Social Security Administration (Gomez v. Commissioner, Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related