Lane v. Colvin

Filing 16

REPORT AND RECOMMENDATIONS re stipulated motion 15 for remand. Noting Date 4/18/2017. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Proposed Order, # 2 R&R Judgment)(GB)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JEFFERY LANE, Plaintiff, 10 11 CASE NO. C16-5997-JLR-MAT v. REPORT AND RECOMMENDATION 12 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 14 15 Plaintiff brought this action to seek judicial review of the denial of an application for 16 disability benefits by the Commissioner of the Social Security Administration. The parties now 17 stipulate this case should be reversed and remanded for further proceedings. (Dkt. 15.) 18 Based on the stipulation of the parties, the Court recommends this case be REVERSED 19 and REMANDED for a de novo hearing and further administrative proceedings pursuant to 20 sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Counsel shall affirm the finding that 21 the claimant became disabled beginning on December 27, 2013 and shall limit the period at issue 22 to before December 27, 2013. The Appeals Council shall further instruct the Administrative Law 23 Judge to give the claimant an opportunity for a hearing; further evaluate the claimant’s residual REPORT AND RECOMMENDATION PAGE - 1 1 functional capacity; and obtain supplemental vocational expert evidence that complies with Social 2 Security Ruling 00-4p. 3 The Court recommends that United States District Judge James L. Robart immediately 4 approve this Report and Recommendation and order the case REVERSED and REMANDED for 5 further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A proposed 6 order accompanies this Report and Recommendation. 7 DATED this 18th day of April, 2017. 8 A 9 Mary Alice Theiler United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REPORT AND RECOMMENDATION PAGE - 2

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