Roise v. Berryhill

Filing 24

REPORT AND RECOMMENDATION on the 23 Stipulated MOTION for Remand, signed by Magistrate Judge Theresa L Fricke. Noted for: 9/15/2017. (GMR)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 MICHAEL RICHARD ROISE, Case No. 3:17-cv-05074-RSM-TLF 7 8 9 Plaintiff, REPORT AND RECOMMENDATION v. NANCY A. BERRYHILL, Acting Commissioner of Social Security 10 Noted for September 15, 2017 Defendant. 11 12 13 This case has been referred to Magistrate Judge Theresa L. Fricke pursuant to 28 U.S.C. § 636(b)(1) and Local Rule MJR 3 and 4. This matter comes before the Court on the parties’ 14 filing of a stipulated motion for remand. Dkt. 23. The undersigned recommends that the Court 15 grant that motion, and remand this matter for further administrative proceedings, including the 16 following actions: The ALJ will conduct a new hearing, further develop the record as needed, and issue a new decision;  The ALJ will reevaluate and further develop the medical opinions of record;  The ALJ will reevaluate steps two and three of the sequential evaluation process; The ALJ will reevaluate Plaintiff’s credibility;  The ALJ will reevaluate Plaintiff’s RFC;  18   17 The ALJ will reevaluate steps four and five of the sequential evaluation 19 20 21 22 23 24 25 REPORT AND RECOMMENDATION - 1 1 process with the assistance of a vocational expert, as necessary. 2 The parties have fourteen (14) days from service of this Report and Recommendation 3 to file written objections thereto. 28 U.S.C. § 636(b)(1); Federal Rule of Civil Procedure (FRCP) 4 72(b); see also FRC P 6. Failure to file objections will result in a waiver of those objections for 5 purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed 6 by FRCP 72(b), the Clerk is directed set this matter for consideration on September 15, 2017, as 7 noted in the caption. 8 Dated this 29th day of August, 2017. 9 10 11 A 12 Theresa L. Fricke United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORT AND RECOMMENDATION - 2

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