Decker v. Colvin, No. 2:2016cv00374 - Document 26 (D. Utah 2016)

Court Description: MEMORANDUM DECISION AND ORDER - Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioners decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405 (g), and in light of the Commissioners request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioners decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings as set forth above. Signed by Magistrate Judge Paul M. Warner on 12/16/2016. (las)

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Decker v. Colvin Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH HEIDI DECKER, Court No. 2:16-cv-00374-PMW Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, MEMORANDUM DECISION AND ORDER Honorable Judge Paul M. Warner Defendant. Defendant, the Acting Commissioner of Social Security (Commissioner), by and through her counsel, has filed an unopposed motion with this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. On order of the Court, the Social Security Administration’s Appeals Council will vacate the administrative law judge’s (ALJ’s) decision and instruct the ALJ to conduct a de novo review. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision under Dockets.Justia.com sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings as set forth above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993). DATED this 16th day of December, 2016. BY THE COURT: ________________________________ Paul M. Warner United States Magistrate Judge 1 The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58. -2-

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