Marquez v. Commissioner, Social Security Administration ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 23-cv-01238-REB JUAN CARLOS MARQUEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER FOR JUDGMENT AND REMAND Blackburn, J. The matter before me is Defendant’s Unopposed Motion To Remand [#11],1 filed July 19, 2023. 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, I find and conclude the motion is well-taken and should be granted. THEREFORE, IT IS ORDERED as follows: 1. That Defendant’s Unopposed Motion To Remand [#11], filed July 19, 2023, is granted; 2. That the conclusion of the Acting Commissioner through the Administrative Law Judge that plaintiff was not disabled is reversed; 1 “[#11]” 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. 3. That this matter is remanded to the Acting 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 pursuant to Fed. R. Civ. P. 54(d)(1), D-C.COLO.LCivR 54.1, and 28 U.S.C. § 2412(a)(1). Dated July 19, 2023, at Denver, Colorado. BY THE COURT: \ s Robert E. Blackburn United States District Judge