Aponte-Rodriguez v. Colvin

Filing 16

REPORT AND RECOMMENDATIONS re 15 Stipulated MOTION to Remand filed by Carolyn W Colvin. Noting Date 3/16/2016, by Hon. James P. Donohue. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JOSE MIGUEL APONTE-RODRIGUEZ,

Case No. C15-5708-RSM-JPD

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Plaintiff,
REPORT AND RECOMMENDATION

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v.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff brought this action to seek judicial review of the denial of his application for

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disability benefits by the Commissioner of the Social Security Administration. Dkt. 3. The

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parties have stipulated that this case should be reversed and remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 15.

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Based on the stipulation of the parties, the Court recommends that this case be

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REVERSED and REMANDED for further administrative proceedings before an Administrative

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Law Judge (“ALJ”). On remand, the ALJ shall conduct a de novo hearing and issue a new

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decision. The ALJ shall also 1) update and reevaluate the medical evidence; 2) revisit the

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presumption of continuing nondisability, per Acquiesce Ruling (AR) 97-4(9); and 3) continue

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with the sequential evaluation process, reevaluating credibility and the RFC, and determine the
REPORT AND RECOMMENDATION
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claimant’s capacity to perform past relevant work and other work, obtaining VE testimony as

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needed. In addition, the ALJ shall take any other actions necessary to develop the record.

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Plaintiff may submit additional evidence and arguments to the ALJ on remand.

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Upon proper application, the Court will consider whether reasonable attorney’s fees and
costs should be awarded pursuant to 28 U.S.C. § 2412(d).
Because the parties have stipulated that the case be remanded as set forth above, the

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Court recommends that Chief United States District Judge Ricardo S. Martinez immediately

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approve this Report and Recommendation. The Clerk should note the matter for March 16,

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2016 as ready for Judge Martinez’s consideration. A proposed order accompanies this Report

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and Recommendation.
DATED this 16th day of March, 2016.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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