Caughell v. Berryhill

Filing 14

REPORT AND RECOMMENDATIONS re 13 Stipulated MOTION to Remand filed by Nancy A Berryhill. Noting Date 8/1/2017, by Hon. James P. Donohue. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(RS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 9 BRADLEY W. CAUGHELL, o/b/o MICHELLE ROSE CAUGHELL (deceased), Plaintiff, 10 11 12 Case No. C17-155-JCC-JPD REPORT AND RECOMMENDATION v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 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. 3. 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. 13. 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 (1) further evaluate the nature and severity of plaintiff’s medically determinable 23 impairments of hypothyroidism and urinary incontinence; 24 REPORT AND RECOMMENDATION PAGE - 1 1 (2) further consider the opinions of Anselm A. Parlatore, M.D., and Ted Judd, Ph.D.; 2 (3) further consider plaintiff’s subjective complaints; 3 (4) reassess plaintiff’s residual functional capacity; 4 (5) if necessary, obtain supplemental vocational expert evidence; 5 (6) issue a new decision; and 6 (7) take any other actions necessary to develop the record. 7 Upon proper application, the Court will consider whether reasonable attorney’s fees and 8 9 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 10 Court recommends that United States District Judge John C. Coughenour immediately approve 11 this Report and Recommendation. The Clerk should note the matter for August 1, 2017 as ready 12 for Judge Coughenour’s consideration. A proposed order accompanies this Report and 13 Recommendation. 14 DATED this 1st day of August, 2017. A 15 16 JAMES P. DONOHUE Chief United States Magistrate Judge 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION PAGE - 2

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