Scalf v. Colvin

Filing 27

REPORT AND RECOMMENDATIONS by Hon. James P. Donohue, re 5 Complaint filed by Phoebe J Scalf. Noting Date 6/13/2017. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(TF)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 PHOEBE J. SCALF, 9 10 11 12 13 Case No. C16-5774-BHS-JPD Plaintiff, REPORT AND RECOMMENDATION v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 14 15 Plaintiff brought this action to seek judicial review of the denial of her application for 16 disability benefits by the Commissioner of the Social Security Administration. Dkt. 5. 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. 26. 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”), including a de novo hearing. On remand, the ALJ shall provide plaintiff 22 with an opportunity for a hearing; reevaluate the medical evidence of record, including reviewing 23 the record for any chronic problems in plaintiff’s vision, memory and mood; reevaluate how the 24 combination of claimant’s impairments affect her ability to maintain concentration, persistence, REPORT AND RECOMMENDATION PAGE - 1 1 or pace; reassess her residual functional capacity; reevaluate claimant’s past work and determine 2 whether it meets the requirements of recency, income, and duration, in order to be considered 3 past relevant work (20 C.F.R. § 416.965(a)); if applicable, evaluate whether the claimant could 4 still perform past relevant work pursuant to 20 C.F.R. § 416.968 and Social Security Ruling 82- 5 41; and determine whether she acquired skills from past relevant work that can be transferred to 6 other work in the national economy (20 C.F.R. §§ 416.966, 416.968), with little or no 7 adjustment; obtaining vocational expert testimony about the transferability of skills and any 8 vocational adjustment required, as necessary; obtaining other supplemental vocational evidence, 9 as necessary; and issue a new decision. 10 Because the parties have stipulated that the case be remanded as set forth above, the 11 Court recommends that United States District Judge Benjamin H. Settle immediately approve 12 this Report and Recommendation. The Clerk should note the matter for June 13, 2017 as ready 13 for Judge Settle’s consideration. A proposed order accompanies this Report and 14 Recommendation. 15 DATED this 13th day of June, 2017. A 16 JAMES P. DONOHUE Chief United States Magistrate Judge 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?