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)

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