United States District Court, W.D. Washington, Tacoma
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. 16.)
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 pursuant to sentence four of 42 U.S.C. § 405(g).
Following remand, based on stipulation of the parties, the Appeals Council will instruct the Administrative Law Judge (ALJ) to: (1) update the treatment evidence on plaintiff's medical condition; (2) articulate how he has evaluated the credibility of plaintiff's subjective complaints; (3) evaluate expressly the examining medical source opinion from Dr. Niems, Psy.D., and explain the reasons for the weight he gives to this opinion evidence; (4) consider further plaintiff's residual functional capacity on the updated record, citing specific evidence in support of the assessed limitations; and (5) as appropriate, secure supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on plaintiff's occupational base.
The ALJ will make a de novo determination as to disability, and issue a new decision.
The parties agree that following proper application, plaintiff shall be eligible for attorneys' fees 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 the District Judge immediately approve this Report and Recommendation and order that the case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of ...