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Roberts v. Colvin

United States District Court, W.D. Washington, Seattle

August 14, 2014

SETH M. ROBERTS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

JAMES P. DONOHUE, Magistrate Judge.

Plaintiff brought this action to seek judicial review of the denial of his application for disability benefits by the Commissioner of the Social Security Administration. Dkt. 1. The parties have stipulated that this case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 14.

Based on the stipulation of the parties, the Court recommends that this case be REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge ("ALJ"). On remand, the ALJ shall: conduct a new hearing, further develop the record and issue a new decision; reevaluate and further develop the medical evidence or record; reevaluate steps two and three of the sequential evaluation process; reevaluate plaintiff's RFC pursuant to SSR 96-8p, and reevaluate steps four and five of the sequential evaluation process with the assistance of a vocational expert, as necessary.

Upon proper application, the Court will consider whether reasonable attorney's fees and costs should be awarded pursuant to 28 U.S.C. § 2412(d).

Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that United States District Judge Ricardo S. Martinez immediately approve this Report and Recommendation. The Clerk should note the matter for August 14, 2014 as ready for Judge Martinez's consideration. A proposed order accompanies this Report and Recommendation.


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