Dailey v. Colvin
Filing
18
REPORT AND RECOMMENDATION recommending that the parties' 17 Joint MOTION to Remand be GRANTED, & that this Court enter judgment reversing & remanding this cause to the Commissioner for action consistent w/the parties' motion as set out. Objections to R&R due by 7/14/2014. Signed by Magistrate Judge Sonja F. Bivins on 6/23/2014. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARILYN DAILEY,
Plaintiff,
*
*
*
vs.
*
*
*
CAROLYN W. COLVIN,
*
Commissioner of Social Security,*
*
Defendant.
*
Civil Action No.13-00559-CG-B
REPORT AND RECOMMENDATION
This
matter
is
before
the
Court
on
the
parties’
joint
Motion to Remand pursuant to “sentence four” of 42 U.S.C. §
405(g).
(Doc.
undersigned
U.S.C.
§
17).
for
a
This
report
636(b)(1)(B)
consideration
of
all
Motion
and
and
has
been
recommendation
Local
matters
Rule
referred
pursuant
72.2(c)(3).
presented,
the
to
the
to
28
Upon
undersigned
recommends that the cause be REMANDED to the Commissioner for a
new determination.
In the joint motion, the parties have stipulated that this
matter should be remanded to the Commissioner of Social Security
for further administrative proceedings pursuant to sentence four
of 42 U.S.C. § 405(g). (Doc. 17).
Specifically, the parties
represent that there exists two problems with this case: the
transcript of the administrative hearing is inaudible at points
and the evidentiary basis for the Administrative Law Judge’s
1
(ALJ)
finding
that
Ms.
Dailey
can
perform
exertion occupations is unclear. (Id., at 1).
certain
medium
Accordingly, the
parties request remand so that an ALJ can “hold a new hearing,
during
which
he
or
she
will
obtain
supplemental
vocational
expert testimony, and assess [Plaintiff’s] residual functional
capacity based on the record as a whole, including the evidence
gathered at the new hearing.” (Id.).
Upon consideration of the foregoing, and the language of
sentence four of 42 U.S.C. § 405(g) empowering this Court “to
enter,
upon
the
pleadings
and
transcript
of
the
record,
a
judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the
cause
for
a
rehearing,”
the
undersigned
RECOMMENDS
that
the
parties’ joint Motion to Remand be GRANTED, and that this Court
enter
judgment
reversing
and
remanding
this
cause
to
the
Commissioner for action consistent with the parties’ motion. 42
U.S.C. § 405(g); Melkonyan v. Sullivan, 501 U.S. 89, 101 111 S.
Ct. 2157, 115 L. Ed. 2d 78 (1991).1
DONE this 23rd day of June, 2014.
/s/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE
1
Plaintiff has reserved the right to petition the Court for
attorney fees pursuant to the Equal Access to Justice Act
(“EAJA”), and the Commissioner has reserved the right to file a
response.
In the alternative, the parties may stipulate to an
award of EAJA fees, and may petition the Court for approval.
(Doc. 17 at 2-3).
2
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