Day v. Colvin

Filing 16

REPORT AND RECOMMENDATION on the 15 Stipulated MOTION for Remand, by Magistrate Judge J Richard Creatura. (GMR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 WILLIAM DAY, Plaintiff, 11 12 v. 14 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 15 CASE NO. 3:16-CV-05923 JLR-JRC REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND Defendant. 13 16 17 This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 18 U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews, 19 Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on 20 defendant’s stipulated motion to remand the matter to the administration for further 21 consideration. Dkt. 15. 22 23 24 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 between the parties, this Court recommends that it be 5 ORDERED that the above-captioned case be reversed and remanded for further administrative 6 proceedings, including a de novo hearing, pursuant to sentence four of 42 U.S.C. § 405(g). On 7 remand, the administrative law judge (ALJ) shall offer plaintiff an opportunity for a new hearing 8 and issue a new decision. The ALJ will: 9 1. Reevaluate the medical evidence as a whole, specifically the opinion of PA Richard Endens; 10 11 12 13 14 15 16 17 18 2. Reassess plaintiff’s residual functional capacity and provide rationale for the assessed limitations, and; 3. Obtain supplemental vocational expert evidence at steps four and five that complies with Social Security Ruling 00-4p. The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, following proper request to the Court. Given the facts and the parties’ stipulation, the Court recommends that the District Judge immediately approve this Report and Recommendation and order the case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). Dated this 5th day of April, 2017. 19 20 A 21 J. Richard Creatura United States Magistrate Judge 22 23 24 REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND - 2

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