Knott v. Colvin

Filing 15

REPORT AND RECOMMENDATIONS re 1 Complaint, parties' 14 Stipulated MOTION to Remand : Noting Date 7/11/2017, signed by Hon. James P. Donohue. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(SWT)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 MARK EUGENE KNOTT, 9 10 11 12 Case No. C16-1842-RSM-JPD Plaintiff, REPORT AND RECOMMENDATION v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 13 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. 1. 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. 14. 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”). On remand, the ALJ shall: 22  23 24 Conduct a new hearing, further develop the record as needed, and issue a new decision;  Reevaluate and further develop the medical opinions of record; REPORT AND RECOMMENDATION PAGE - 1 1  Reevaluate plaintiff’s subjective complaints; 2  Reevaluate plaintiff’s RFC and; 3  Reevaluate steps four and five of the sequential evaluation process with the assistance 4 of a vocational expert, as necessary. The ALJ shall specifically discuss the age 5 categories in this borderline age category situation. 6 7 8 Upon proper application, the Court will consider whether reasonable attorney’s fees and costs should be awarded pursuant to 28 U.S.C. § 2412. Because the parties have stipulated that the case be remanded as set forth above, the 9 Court recommends that United States District Judge Ricardo S. Martinez immediately approve 10 this Report and Recommendation. The Clerk should note the matter for July 11, 2017 as ready 11 for Judge Martinez’s consideration. A proposed order accompanies this Report and 12 Recommendation. 13 DATED this 11th day of July, 2017. A 14 JAMES P. DONOHUE Chief United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION PAGE - 2

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