Conner v. Colvin

Filing 17

REPORT AND RECOMMENDATIONS re 16 Stipulated MOTION to Remand, signed by Magistrate Judge David W. Christel. (CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 TAMMY CONNER, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 2:16-CV-01938-BHS-DWC REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND 14 Defendant. 15 16 17 18 19 20 21 22 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. 16. 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). On remand, the Court recommends the Administrative Law Judge (ALJ) shall: 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 1 1 • Reevaluate the medical evidence, including the opinions of Dr. Mease and Ms. 2 Williams-Judge, with particular attention to the June 23, 2015 medical source 3 statement and the letter dated August 5, 2015; 4 • Reassess the claimant’s symptoms; 5 • Reassess the claimant’s residual functional capacity; and if necessary, obtain 6 supplemental evidence from a vocational expert to clarify the effect of the limitations 7 on the occupational base; 8 • 9 Before relying on any vocational expert evidence, the ALJ will identify and resolve any conflicts between such evidence and the information in the Dictionary of 10 Occupational Titles; 11 • Plaintiff will have the opportunity for a new hearing; and 12 • The ALJ will issue a new decision. 13 The parties agree Plaintiff is entitled to reasonable attorney fees under the Equal Access 14 to Justice Act, 28 U.S.C. §§ 2412 et. seq., upon proper request to the Court. 15 Given the facts and the parties’ stipulation, the Court recommends the District Judge 16 immediately approve this Report and Recommendation. 17 Dated this 9th day of August, 2017. 18 19 A 20 David W. Christel United States Magistrate Judge 21 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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