D'Ambra v. Commissioner of Social Security

Filing 21

MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED that the Report and Recommendation 20 shall be, and the same is hereby, ADOPTED as the decision of the District Court. IT IS FURTHER ORDERED that the above- captioned case be rever sed and remanded to the Commissioner of Social Security for further administrative proceedings. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
KENNETH MICHAEL D’AMBRA,
Case No. 2:17-cv-00059-BLW
Plaintiff,

MEMORANDUM DECISION AND
ORDER

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Before the Court is a Report and Recommendation filed by the United States
Magistrate Judge. (Dkt. 20). On October 16, 2017, the parties filed a Stipulated Motion
for Remand (Dkt. 19). The Magistrate Judge recommends that the Court adopt the
parties’ Stipulated Motion. No objections to the Report and Recommendation have been
filed.
Having reviewed the record, the Court agrees with the recommendation of the
Magistrate Judge. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED that the Report and
Recommendation (Dkt. 20) shall be, and the same is hereby, ADOPTED as the decision
of the District Court and incorporated fully herein by reference.
IT IS FURTHER ORDERED that the above-captioned case be reversed and
remanded to the Commissioner of Social Security for further administrative proceedings

MEMORANDUM DECISION AND ORDER - 1

with respect to Petitioner’s application for disability insurance benefits, pursuant to
sentence four of 42 U.S.C. § 405(g).
IT IS FURTHER ORDERED that, on remand, the Administrative Law Judge take
the following actions:
1.

The Appeals Council agrees to remand this case to determine whether the

Appeals Council can issue an allowance of benefits as of the claimant’s 55th birthday, the
amended alleged onset date, pursuant to Lounsburry v. Barnhart, 458 F.3d 1111, 1116-17
(9th Cir. 2006);
2.

If the Council is unable to issue an allowance, it will instruct the ALJ to

further consider the claimant’s residual functional capacity and, in so doing, will conduct
a new hearing, further develop the record as needed, and issue a new decision;
3.

The ALJ will reevaluate and further develop the medical opinions of

record;
4.

The ALJ will reevaluate steps two and three of the sequential evaluation

process;
5.

The ALJ will reevaluate Petitioner’s credibility;

6.

The ALJ will reevaluate Petitioner’s residual functional capacity; and

MEMORANDUM DECISION AND ORDER - 2

7.

The ALJ will reevaluate steps four and five of the sequential evaluation

process with the assistance of a vocational expert, to determine whether the claimant has
acquired any skills that are transferable to other occupations under the guidelines in
Social Security Ruling 82-41.

DATED: November 8, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

MEMORANDUM DECISION AND ORDER - 3