Brooks v. Colvin

Filing 16

REPORT AND RECOMMENDATION by Hon. Brian A Tsuchida re 15 Stipulated MOTION to Remand filed by Carolyn W Colvin. Noting Date 10/13/2016. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment) (AD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MATTHEW BROOKS, Plaintiff, 9 10 v. Case No. C16-686 JLR-BAT REPORT AND RECOMMENDATION 11 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 12 Defendant. 13 14 The parties have filed a stipulated motion for remand in this disability case. Dkt. 15. 15 Having reviewed the motion and the papers, the Court recommends GRANTING the motion, 16 thus REVERSING and REMANDING for further administrative proceedings pursuant to 17 sentence four of 42 U.S.C. § 405(g). On remand, the ALJ should hold a de novo hearing and 18 issue a new decision. The parties agree that the ALJ gave great weight to an opinion from Craig 19 Christiana, but failed to account for all of the limitations from that opinion into the residual 20 functional capacity assessment. No specific aspect of the Commissioner’s final decision is 21 affirmed. On remand, the ALJ will re-evaluate Mr. Christiana’s opinion and either account for it 22 in the residual functional capacity assessment or provide valid reasons to reject it. 23 A proposed order accompanies this Report and Recommendation. Because this was a REPORT AND RECOMMENDATION - 1 1 stipulated motion, the district judge may act on it immediately. 2 DATED this 13th day of October, 2016. 3 A 4 BRIAN A. TSUCHIDA United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REPORT AND RECOMMENDATION - 2

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