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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EDWARD NORTON,

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Plaintiff,
v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 13-cv-05335 BHS
REPORT AND RECOMMENDATION
ON STIPULATED MOTION FOR
REMAND

Defendant.

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This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28
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U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews,
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Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on
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defendant’s stipulated motion to remand the matter to the administration for further
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consideration. (ECF No. 31.)
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After reviewing defendant’s stipulated motion and the relevant record, the undersigned
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recommends that the Court grant defendant’s motion, and ORDER that the Commissioner’s
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decision in regard to plaintiff’s application for disability benefits pursuant to Titles II and XVI of
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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.
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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).
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Dated this 11th day of March, 2014.

A

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J. Richard Creatura
United States Magistrate Judge

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REPORT AND RECOMMENDATION ON
STIPULATED MOTION FOR REMAND - 2