Nelson v. Colvin

Filing 20

REPORT AND RECOMMENDATION RE 19 Stipulated Motion to Remand by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(AE)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 CAROL L. NELSON, 8 Plaintiff, 9 CASE NO. C16-5800-BHS-BAT REPORT AND RECOMMENDATION v. 10 NANCY A. BERRYHILL, 11 Defendant. 12 13 Plaintiff appeals the denial of her applications for disability benefits. Dkt. 3. The parties 14 stipulate the case should be reversed and remanded. Dkt. 19. The Court has considered the 15 stipulation and the record and recommends the case be REVERSED and REMANDED under 16 sentence four of 42 U.S.C. § 405(g). 17 On remand, if the Commissioner does not issue a fully favorable decision on the record, 18 Plaintiff will have the opportunity for a de novo hearing. If the Appeals Council does not issue a 19 fully favorable decision, the Administrative Law Judge will obtain updated treatment records and 20 reevaluate the medical evidence to assess whether Plaintiff meets or equals a listing; consider 21 Plaintiff’s need for assistive devices and the need to lie down during the day; reevaluate 22 Plaintiff’s allegations of symptoms and limitations; and reevaluate the statements of Plaintiff’s 23 husband. If needed, the rest of the sequential evaluation process will be conducted. REPORT AND RECOMMENDATION - 1 1 2 3 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 4 recommends that United States District Judge Benjamin H. Settle immediately approve this 5 Report and Recommendation and order the case REVERSED and REMANDED for further 6 administrative proceedings as set forth above. A proposed order accompanies this Report and 7 Recommendation. 8 9 DATED this 1st day of March, 2017. 10 A 11 BRIAN A. TSUCHIDA United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 REPORT AND RECOMMENDATION - 2

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