Tecle v. Colvin

Filing 20

REPORT AND RECOMMENDATIONS re 19 Stipulated MOTION to Remand filed by Carolyn W Colvin; signed by Magistrate Judge David W. Christel. Noting Date 12/6/2016. (CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FASIL TECLE,

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

CASE NO. 2:16-CV-00908-JLR-DWC
ORDER ON DEFENDANT’S
STIPULATED MOTION FOR
REMAND

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Defendant.
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The District Court has referred this action, filed pursuant to 42 U.S.C. § 405(g), to United

17 States Magistrate Judge David W. Christel. Presently before the Court is Defendant’s Stipulated
18 Motion for Remand. Dkt. 19. After reviewing Defendant’s Stipulated Motion and the relevant
19 record, the Court recommends the following:
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Defendant’s Motion be granted, and the case be reversed and remanded for further

21 administrative proceedings under sentence four of 42 U.S.C. § 405(g).
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On remand, the Court recommends the Administrative Law Judge (ALJ) hold a de novo

23 hearing and issue a new decision. The Court also recommends the ALJ’s review include but not
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ORDER ON DEFENDANT’S STIPULATED
MOTION FOR REMAND - 1

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Obtaining vocational expert testimony to determine whether Plaintiff’s assessed
limitations allow for the performance of other work in the national economy;

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The parties agree that on proper motion the Court should consider Plaintiff’s application

Recommencing the five-step sequential evaluation if the record is supplemented.

5 for costs and attorney fees under 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b).
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Given the facts and the parties’ stipulation, the Court recommends the District Judge

7 immediately approve this Report and Recommendation.
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Dated this 6th day of December, 2016.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON DEFENDANT’S STIPULATED
MOTION FOR REMAND - 2