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Heng v. Colvin

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

March 3, 2015

BONNA HENG, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Plaintiff appeals the denial of his applications for disability benefits. Dkt. 1. The parties stipulate the case should be reversed and remanded. Dkt. 16. The Court has considered the stipulation and the record and recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) to update the record as necessary, allow plaintiff to submit additional evidence and arguments, hold a de novo hearing, and issue a new decision.

On remand, the Appeals Council will direct the ALJ to evaluate the entire record, including medical opinions and evidence; determine if plaintiff's medically determinable impairment is "severe" at step 2; and provide appropriate rationale with specific references to evidence of record. The ALJ will proceed through the remaining steps of the sequential evaluation process as warranted. The parties agree that no specific aspect of the Commissioner's final decision is affirmed.

The parties further stipulate that Mr. Heng will be entitled to reasonable attorney fees, expenses, and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. §§ 1920, 2412(a), (d), upon proper request to the Court.

Because the parties have stipulated the case be remanded as set forth above, the Court recommends that Chief United States District Judge Marsha J. Pechman immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings as set forth above. A proposed order accompanies this Report and Recommendation.


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