Dailey v. Colvin
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
CAROLYN W. COLVIN,
Commissioner of Social Security,*
Civil Action No.13-00559-CG-B
REPORT AND RECOMMENDATION
Motion to Remand pursuant to “sentence four” of 42 U.S.C. §
recommends that the cause be REMANDED to the Commissioner for a
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
exertion occupations is unclear. (Id., at 1).
parties request remand so that an ALJ can “hold a new hearing,
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
judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the
parties’ joint Motion to Remand be GRANTED, and that this Court
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
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
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).
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