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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ROBERT WHEELER,

Case No. C16-1120-RBL-JPD

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Plaintiff,
REPORT AND RECOMMENDATION

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

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Plaintiff brought this action to seek judicial review of the denial of his application for

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disability benefits by the Commissioner of the Social Security Administration. Dkt. 3. The

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parties have stipulated that this case should be reversed and remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 15.

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Based on the stipulation of the parties, the Court recommends that this case be

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REVERSED and REMANDED for further administrative proceedings before an Administrative

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Law Judge (“ALJ”), including a de novo hearing and a new decision. On remand, the ALJ shall

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reevaluate the medical opinion evidence, including the opinion of Dr. Russell. The ALJ shall

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also conduct a proper DA&A analysis in accordance with SSR 13-2p.

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REPORT AND RECOMMENDATION
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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

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Court recommends that United States District Judge Ronald B. Leighton immediately approve

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this Report and Recommendation. The Clerk should note the matter for December 21, 2016 as

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ready for Judge Leighton’s consideration. A proposed order accompanies this Report and

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Recommendation.

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DATED this 21st day of December, 2016.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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