Wheeler v. Colvin

Filing 16

REPORT AND RECOMMENDATIONS re 15 Stipulated MOTION to Remand by Hon. James P. Donohue. Noting Date 12/21/2016. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(KMP)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 ROBERT WHEELER, Case No. C16-1120-RBL-JPD 9 Plaintiff, REPORT AND RECOMMENDATION 10 v. 11 12 13 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 14 15 Plaintiff brought this action to seek judicial review of the denial of his application for 16 disability benefits by the Commissioner of the Social Security Administration. Dkt. 3. The 17 parties have stipulated that this case should be reversed and remanded for further administrative 18 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 15. 19 Based on the stipulation of the parties, the Court recommends that this case be 20 REVERSED and REMANDED for further administrative proceedings before an Administrative 21 Law Judge (“ALJ”), including a de novo hearing and a new decision. On remand, the ALJ shall 22 reevaluate the medical opinion evidence, including the opinion of Dr. Russell. The ALJ shall 23 also conduct a proper DA&A analysis in accordance with SSR 13-2p. 24 REPORT AND RECOMMENDATION PAGE - 1 1 2 3 Upon proper application, the Court will consider whether reasonable attorney’s fees and costs should be awarded pursuant to 28 U.S.C. § 2412(d). Because the parties have stipulated that the case be remanded as set forth above, the 4 Court recommends that United States District Judge Ronald B. Leighton immediately approve 5 this Report and Recommendation. The Clerk should note the matter for December 21, 2016 as 6 ready for Judge Leighton’s consideration. A proposed order accompanies this Report and 7 Recommendation. 8 DATED this 21st day of December, 2016. A 9 JAMES P. DONOHUE Chief United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION PAGE - 2

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