Schulze v. Colvin

Filing 17

REPORT AND RECOMMENDATIONS re 16 Stipulated MOTION to Remand, filed by Carolyn W Colvin; signed by Magistrate Judge J Richard Creatura. (CMG)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

LEISA SCHULZE,

11

Plaintiff,
v.

12

14

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

15

CASE NO. 15-cv-05285 RBL JRC
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
(Dkt. 16).
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.
24
REPORT AND RECOMMENDATION ON
STIPULATED MOTION FOR REMAND - 1

1

Based on the stipulation of the parties, this Court recommends that the above-captioned

2 case be REVERSED and REMANDED for further administrative proceedings pursuant to
3 sentence four of 42 U.S.C. § 405(g). Following remand, the Administrative Law Judge shall
4 further evaluate Dr. Joseph’s opinion, take new VE evidence, and issue a decision following the
5 ruling of Zavalin v. Colvin, 778 F.3d 842 (9th Cir. 2015) regarding occupations requiring level 3
6 reasoning abilities.
7

The ALJ shall make a de novo determination as to disability, and issue a new decision.

8 Following proper application, plaintiff shall be eligible for attorneys’ fees pursuant to the Equal
9 Access to Justice Act, 24 U.S.C. § 2412 et seq.
10

Given the facts and the parties’ stipulation, the Court recommends that the District Judge

11 immediately approve this Report and Recommendation and order that the case be REVERSED
12 and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
13

Dated this 19th day of October, 2015.

A

14
15

J. Richard Creatura
United States Magistrate Judge

16
17
18
19
20
21
22
23
24
REPORT AND RECOMMENDATION ON
STIPULATED MOTION FOR REMAND - 2