Hunt v. Colvin

Filing 15

REPORT AND RECOMMENDATIONS re 14 Stipulated MOTION to Remand, filed by Carolyn W Colvin; signed by Magistrate Judge Karen L Strombom. (CMG)

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1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 3 4 5 CHRISTOPHER DEANE HUNT, 6 Case No. 15-00750 RJB-KLS Plaintiff, 7 8 9 REPORT AND RECOMMENDATION v. CAROLINE W. COLVIN, Acting Commissioner of Social Security, 10 Defendant. 11 12 This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 13 § 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W. 14 15 v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for 16 remand. (ECF 14). After reviewing the parties’ stipulated motion and the remaining record, the 17 undersigned recommends that the Court grant the parties’ motion, and remand this matter to the 18 Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). 19 20 This court recommends that on remand the ALJ shall hold a new hearing and issue a new decision. The ALJ should re-evaluate Plaintiff’s credibility consistent with SSR 96-7p; and re- 21 22 23 evaluate Plaintiff’s residual functional capacity, with specific reference to the opinion evidence of record, in support of the assessed limitations, and clearly articulate the weight accorded such 24 evidence, including the opinion of treating physician, Bruce Christian, M.D., and examining 25 physicians, Diane Kraemer, 26 /// REPORT AND RECOMMENDATION - 1 1 M.D. and Davis Smith, M.D.; and, if necessary, should obtain updated VE testimony addressing 2 step four and step five. 3 4 5 Given the fact of the parties’ stipulation, the Court recommends that the District Judge approve this Report and Recommendation and order the case REVERSED and REMANDED. DATED this 30th day of September, 2015. 6 A 7 8 Karen L. Strombom United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REPORT AND RECOMMENDATION - 2

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