Wicken v. Colvin

Filing 16

REPORT AND RECOMMENDATION re 1 Complaint filed by Andrew John Wicken, 15 Stipulated MOTION TO REMAND filed by Carolyn W. Colvin. Noting Date 7/25/2013. Signed by Hon. James P. Donohue. (Attachments: # 1 RR Proposed Order, # 2 RR Proposed Judgment)(SI)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 ANDREW JOHN WICKEN, Case No. C13-262-TSZ-JPD 10 Plaintiff, 11 v. REPORT AND RECOMMENDATION 12 13 14 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 15 16 Plaintiff brought this action to seek judicial review of the denial of his application for 17 disability benefits by the Commissioner of the Social Security Administration. Dkt. 1. The 18 parties have stipulated that this case should be reversed and remanded for further administrative 19 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 15. 20 Based on the stipulation of the parties, the Court recommends that this case be 21 REVERSED and REMANDED for further administrative proceedings. On remand, the 22 Administrative Law Judge (“ALJ”) shall: 1) further evaluate the claimant’s disability claim; 2) 23 evaluate the claimant’s credibility pursuant to Social Security Ruling 96-7p; 3) reconsider the 24 medical opinion evidence in accordance with SSRs 96-2p, 96-6p and 06-3p; and 4) further REPORT AND RECOMMENDATION PAGE - 1 1 evaluate the claimant’s residual functional capacity pursuant to Social Security Ruling 96-8p. As 2 warranted, the ALJ may obtain vocational expert evidence to clarify the effect of the assessed 3 limitations on the claimant’s occupational base. 4 A proposed order accompanies this Report and Recommendation. 5 DATED this 25th day of July, 2013. A 6 JAMES P. DONOHUE United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION PAGE - 2

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