Weaver v. Colvin

Filing 20

REPORT AND RECOMMENDATIONS re 19 MOTION to Remand (Stipulated) filed by Carolyn W Colvin. Signed by Magistrate Judge J Richard Creatura. (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 LISAMARIE WEAVER, 11 12 Plaintiff, v. 14 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 15 CASE NO. 13-cv-05098 BHS REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND Defendant. 13 16 This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 17 U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews, 18 Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on 19 defendant’s stipulated motion to remand the matter to the administration for further consideration 20 (ECF No.19). 21 After reviewing defendant’s stipulated motion and the relevant record, the undersigned 22 recommends that the Court grant defendant’s motion, and reverse and remand for further 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 1 1 administrative proceedings, including a de novo hearing, pursuant to sentence four of 42 U.S.C. 2 § 405(g). 3 On remand, the administrative law judge (ALJ) shall offer plaintiff an opportunity for a 4 new hearing, further update the medical record, and issue a new decision. The ALJ also shall: 1) 5 further evaluate the severity of all mental impairments and functional limitations with the 6 assistance of expert medical testimony; 2) consider all medical source opinions and fashion a 7 complete residual functional capacity finding; 3) provide specific reasoning for the weight given 8 to opinion evidence, discussing the evidentiary basis for conclusions along with an adequate 9 rationale for either accepting or rejecting probative medical opinions; 4) include all un-rejected 10 workrelated limitations in the residual functional capacity finding; and 5) reassess step five with 11 the assistance of a vocational expert, ensuring that the vocational expert is provided a 12 hypothetical that is consistent with the residual functional capacity ultimately found. 13 The parties agree that reasonable attorney fees shall be awarded pursuant to the Equal 14 Access to Justice Act, 28 U.S.C. § 2412, following proper request to the Court. 15 Given the facts and the parties’ stipulation, the Court recommends that the District Judge 16 immediately approve this Report and Recommendation and order that the case be REVERSED 17 and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). 18 Dated this 3rd day of September, 2013. 19 20 A J. Richard Creatura United States Magistrate Judge 21 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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