Nelson v. Colvin
REPORT AND RECOMMENDATION RE 19 Stipulated Motion to Remand by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(AE)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CAROL L. NELSON,
CASE NO. C16-5800-BHS-BAT
REPORT AND RECOMMENDATION
NANCY A. BERRYHILL,
Plaintiff appeals the denial of her applications for disability benefits. Dkt. 3. The parties
stipulate the case should be reversed and remanded. Dkt. 19. The Court has considered the
stipulation and the record and recommends the case be REVERSED and REMANDED under
sentence four of 42 U.S.C. § 405(g).
On remand, if the Commissioner does not issue a fully favorable decision on the record,
Plaintiff will have the opportunity for a de novo hearing. If the Appeals Council does not issue a
fully favorable decision, the Administrative Law Judge will obtain updated treatment records and
reevaluate the medical evidence to assess whether Plaintiff meets or equals a listing; consider
Plaintiff’s need for assistive devices and the need to lie down during the day; reevaluate
Plaintiff’s allegations of symptoms and limitations; and reevaluate the statements of Plaintiff’s
husband. If needed, the rest of the sequential evaluation process will be conducted.
REPORT AND RECOMMENDATION - 1
The parties further stipulate that, upon proper application to the Court, Plaintiff shall be
eligible for reasonable attorney fees pursuant to 28 U.S.C. § 2412 et seq.
Because the parties have stipulated the case be remanded as set forth above, the Court
recommends that United States District Judge Benjamin H. Settle immediately approve this
Report and Recommendation and order the case REVERSED and REMANDED for further
administrative proceedings as set forth above. A proposed order accompanies this Report and
DATED this 1st day of March, 2017.
BRIAN A. TSUCHIDA
United States Magistrate Judge
REPORT AND RECOMMENDATION - 2
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