United States District Court, W.D. Washington, Tacoma
September 10, 2014
SEAN SARVIS, Plaintiff,
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. 17.)
After reviewing defendant's stipulated motion and the relevant record, the undersigned recommends that the Court grant defendant's motion, and ORDER that the above-captioned case be REVERSED and REMANDED for further administrative proceedings, including the opportunity for a de novo hearing, pursuant to sentence four of 42 U.S.C. § 405(g).
Based on the stipulation of the parties, on remand, the administrative law judge (ALJ) shall (1) consider further claimant's maximum residual functional capacity in specific functional terms, with specific reference to the opinion evidence of record in support of the assessed limitations, and clearly articulate the weight accorded such evidence; (2) if necessary, consult a medical expert to determine the nature, severity, and limiting effects, if any, of medically determinable impairments; and (3) in so doing, evaluate further claimant's subjective complaints pursuant to SSR 96-7p. The ALJ shall also reevaluate the step 5 findings and obtain supplemental vocational expert testimony to clarify the effect of the assessed limitations on the occupational base, if necessary.
The parties have stipulated that plaintiff is entitled to reasonable attorney fees, expenses and costs pursuant to 28 U.S.C. § 2412(d), following proper request to this 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).