Norton v. Colvin

Filing 32

REPORT AND RECOMMENDATION on the Stipulated 31 MOTION to Remand, signed by Magistrate Judge J Richard Creatura. (GMR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 EDWARD NORTON, 11 12 Plaintiff, v. 14 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 15 CASE NO. 13-cv-05335 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 20 consideration. (ECF No. 31.) 21 After reviewing defendant’s stipulated motion and the relevant record, the undersigned 22 recommends that the Court grant defendant’s motion, and ORDER that the Commissioner’s 23 decision in regard to plaintiff’s application for disability benefits pursuant to Titles II and XVI of 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 1 1 the Social Security Act be REVERSED and REMANDED pursuant to sentence four of 42 2 U.S.C. § 405(g) to the Acting Commissioner of Social Security for a de novo hearing. On 3 remand, the Administrative Law Judge shall reassess the medical evidence, particularly 4 concerning plaintiff’s ability to stand and walk; and his social functioning limitations. The 5 Administrative Law Judge also shall obtain supplemental evidence from a vocational expert. 6 Given the facts and the parties’ stipulation, the Court recommends that the District Judge 7 immediately approve this Report and Recommendation and order that the case be REVERSED 8 and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). 9 Dated this 11th day of March, 2014. A 10 11 J. Richard Creatura United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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