Stelzner v. Colvin

Filing 16

REPORT AND RECOMMENDATIONS re 15 Stipulated MOTION to Remand, filed by Carolyn W. 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 RENEE STELZNER, 11 Plaintiff, v. 12 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 1 Defendant. 13 14 CASE NO. 16-cv-05718 RJB JRC REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND 15 This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 16 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. 15). 21 22 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting 23 Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 24 U.S.C. § 405(g). REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 1 1 After reviewing defendant’s stipulated motion and the relevant record, the undersigned 2 recommends that the Court grant defendant’s motion, and reverse and remand this matter to the 3 Acting Commissioner. 4 Based on the stipulation of the parties, this Court recommends that the District Judge 5 ORDER that the Acting Commissioner’s decision in regard to plaintiff’s application for 6 disability benefits pursuant to Titles II and XVI of the Social Security Act be REVERSED and 7 REMANDED to the Acting Commissioner of Social Security for a de novo hearing pursuant to 8 sentence four of 42 U.S.C. § 405(g). Following remand, the Administrative Law Judge shall 9 discuss Dr. Liu’s opinion. The Administrative Law Judge shall re-evaluate all of the medical 10 evidence, the plaintiff’s statements about her symptoms and limitations, the lay witness 11 evidence, the residual functional capacity, and the plaintiff’s ability to perform work at steps four 12 and five, as necessary. 13 Given the facts and the parties’ stipulation, the Court recommends that the District Judge 14 immediately approve this Report and Recommendation and order the case be REVERSED and 15 REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). 16 Dated this 31st day of January, 2017. A 17 18 J. Richard Creatura United States Magistrate Judge 19 20 21 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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