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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 SIVA RAE BELLOVICH, 11 12 13 Plaintiff, CASE NO. 2:16-CV-01907-RSM-DWC REPORT AND RECOMMENDATION v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 14 Defendant. 15 16 17 18 19 20 21 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). 22 23 24 REPORT AND RECOMMENDATION - 1 1 On remand, the Court recommends the Administrative Law Judge (ALJ) shall: 2 • Hold a de novo hearing, and issue a new decision; 3 • Reconsider the Plaintiff’s symptom testimony in accordance with SSR 16-3p.; and 4 • Re-evaluate the RFC and Step Five findings. 5 The parties agree Plaintiff is entitled to reasonable attorney fees, expenses, and costs 6 under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 and 1920, upon proper request to the 7 Court. 8 Given the facts and the parties’ stipulation, the Court recommends the District Judge 9 immediately approve this Report and Recommendation. 10 Dated this 1st day of August, 2017. 12 A 13 David W. Christel United States Magistrate Judge 11 14 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?