Bellovich v. Colvin

Filing 18

REPORT AND RECOMMENDATIONS re 17 Stipulated MOTION to Remand; signed by Magistrate Judge David W. Christel. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SIVA RAE BELLOVICH,

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Plaintiff,

CASE NO. 2:16-CV-01907-RSM-DWC
REPORT AND RECOMMENDATION

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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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
States Magistrate Judge David W. Christel. Presently before the Court is Defendant’s Stipulated
Motion for Remand. Dkt. 17. After reviewing Defendant’s Stipulated Motion and the relevant
record, the Court recommends the following:
Defendant’s Motion be granted, and the case be reversed and remanded for further
administrative proceedings under sentence four of 42 U.S.C. § 405(g).

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REPORT AND RECOMMENDATION - 1

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On remand, the Court recommends the Administrative Law Judge (ALJ) shall:

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Hold a de novo hearing, and issue a new decision;

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Reconsider the Plaintiff’s symptom testimony in accordance with SSR 16-3p.; and

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Re-evaluate the RFC and Step Five findings.

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The parties agree Plaintiff is entitled to reasonable attorney fees, expenses, and costs

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Given the facts and the parties’ stipulation, the Court recommends the District Judge

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Dated this 1st day of August, 2017.

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A

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David W. Christel
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2