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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 JOSE MIGUEL APONTE-RODRIGUEZ, Case No. C15-5708-RSM-JPD 9 Plaintiff, REPORT AND RECOMMENDATION 10 v. 11 12 13 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 14 15 Plaintiff brought this action to seek judicial review of the denial of his application for 16 disability benefits by the Commissioner of the Social Security Administration. Dkt. 3. The 17 parties have stipulated that this case should be reversed and remanded for further administrative 18 proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 15. 19 Based on the stipulation of the parties, the Court recommends that this case be 20 REVERSED and REMANDED for further administrative proceedings before an Administrative 21 Law Judge (“ALJ”). On remand, the ALJ shall conduct a de novo hearing and issue a new 22 decision. The ALJ shall also 1) update and reevaluate the medical evidence; 2) revisit the 23 presumption of continuing nondisability, per Acquiesce Ruling (AR) 97-4(9); and 3) continue 24 with the sequential evaluation process, reevaluating credibility and the RFC, and determine the REPORT AND RECOMMENDATION PAGE - 1 1 claimant’s capacity to perform past relevant work and other work, obtaining VE testimony as 2 needed. In addition, the ALJ shall take any other actions necessary to develop the record. 3 Plaintiff may submit additional evidence and arguments to the ALJ on remand. 4 5 6 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 7 Court recommends that Chief United States District Judge Ricardo S. Martinez immediately 8 approve this Report and Recommendation. The Clerk should note the matter for March 16, 9 2016 as ready for Judge Martinez’s consideration. A proposed order accompanies this Report 10 11 and Recommendation. DATED this 16th day of March, 2016. A 12 JAMES P. DONOHUE Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 REPORT AND RECOMMENDATION PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?