Cotto Figueroa v. Colvin

Filing 16

REPORT AND RECOMMENDATION on the 15 Stipulated MOTION to Remand, by Magistrate Judge David W. Christel. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PEDRO L. COTTO FIGUEROA,

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Plaintiff,

CASE NO. 2:15-CV-00515-RBL-DWC
REPORT AND RECOMMENDATION
ON PLAINTIFF’S COMPLAINT

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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The District Court has referred this action, filed pursuant to 42 U.S.C. § 405(g), to United
States Magistrate Judge David W. Christel. Presently before the Court is Defendant’s Stipulated
Motion for Remand. Dkt. 15.
After reviewing Defendant’s Stipulated Motion and the relevant record, the undersigned
recommends the Court grant the parties’ Motion, and reverse and remand this matter to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, based on the parties’ stipulation, this Court recommends the Administrative
Law Judge (“ALJ”) hold a de novo hearing and issue a new decision. The Court recommends
the ALJ be ordered to:
(1) Reevaluate and further develop the medical evidence or record;

REPORT AND RECOMMENDATION ON
PLANTIFF’S COMPLAINT - 1

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(2) Reevaluate steps two and three of the sequential evaluation process;

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(3) Reevaluate Plaintiff’s credibility;

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(4) Reevaluate Plaintiff’s residual functional capacity pursuant to SSR 96-8p, and;

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(5) Reevaluate steps four and five of the sequential evaluation process with the assistance

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of a vocational expert, as necessary.
The parties agree and the undersigned recommends this Court should consider Plaintiff’s

7 application for attorney’s fees and costs pursuant to 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b)
8 following proper presentation.
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Given the facts and the parties’ stipulation, the Court recommends the District Judge

10 immediately approve this Report and Recommendation and order that the case be REVERSED
11 and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
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Dated this 21st day of October, 2015.

A

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David W. Christel
United States Magistrate Judge

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REPORT AND RECOMMENDATION ON
PLANTIFF’S COMPLAINT - 2