Guillory v. Colvin

Filing 23

REPORT AND RECOMMENDATIONS re 22 Stipulated MOTION FOR REMAND filed by Carolyn 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 WILBURN R. GUILLORY, 11 12 Plaintiff, v. 14 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 15 CASE NO. 13-cv-05357 RJB 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. 22.) 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 this matter to the 23 Acting Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 1 1 On remand, based on the parties’ stipulation, this Court recommends that a de novo 2 hearing be held before an administrative law judge (ALJ), and plaintiff may raise any issue. The 3 ALJ will perform the sequential evaluation process for the period of January 31, 2004 through 4 December 31, 2006 without a presumption of continuing nondisability, pursuant to Chavez v. 5 Bowen, 844 F.2d 691 (9th Cir. 1988). The ALJ will obtain services of a medical expert; reassess 6 plaintiff’s residual functional capacity; and obtain vocational expert testimony, using the new 7 residual functional capacity assessment. 8 Following proper presentation, this Court will consider plaintiff’s application for costs 9 and attorney’s fees pursuant to 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b). 10 JUDGMENT should be entered for Plaintiff, and this case should be closed. 11 Given the facts and the parties’ stipulation, the Court recommends that the District Judge 12 immediately approve this Report and Recommendation and order that the case be REVERSED 13 and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). 14 Dated this 13th day of December, 2013. A 15 16 J. Richard Creatura United States Magistrate Judge 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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