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Gonzalez v. Colvin

United States District Court, Ninth Circuit

January 29, 2014

CAMEO GONZALEZ, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND

J. RICHARD CREATURA, Magistrate Judge.

This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on defendant's stipulated motion to remand the matter to the administration for further consideration. (ECF No. 19.)

After reviewing defendant's stipulated motion and the relevant record, the undersigned recommends that the Court grant defendant's motion, and reverse and remand this matter to the Acting Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

On remand, the Appeals Council shall instruct the Administrative Law Judge to assess the November 2005 physical capacities evaluation from Brian Gehley, P.T.; reassess the medical source opinion evidence, including opinions from Albert Bernstein, Ph.D., and Donna J. Johns, Psy.D.; and complete the rest of the sequential evaluation process in light of the above findings, as necessary. Also, following proper application to the Court, that parties agree that reasonable attorney'' fees will be awarded pursuant to the Equal Access to Justice Act, 24 U.S.C. § 2412, et seq.

Given the facts, and the parties' stipulation, the Court recommends that United States District Judge Robert B. Leighton immediately approve this Report and Recommendation and order that the case be REVERSED and REMANDED for further ...


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