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Bunzendahl v. Colvin

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

November 24, 2014

GEORGE H. BUNZENDAHL, 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. 3. 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. 19.

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 hold a de novo hearing and issue a new decision. The ALJ shall update the medical evidence of record; give further consideration to the claimant's obesity pursuant to SSR 02-1p; give further consideration to the claimant's maximum residual functional capacity; address the claimant's use of a cane; further evaluate the medical opinion evidence; and, at step five, obtain supplemental evidence from a vocational expert.

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 John C. Coughenour immediately approve this Report and Recommendation. The Clerk should note the matter for November 24, 2014 as ready for Judge Coughenour's consideration. A proposed order accompanies this Report and Recommendation.


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