CARROLL v. ASTRUE, 11-cv-05607 RJB-JRC. (2012)
Court: District Court, D. Washington
Number: infdco20120214852
Visitors: 21
Filed: Feb. 09, 2012
Latest Update: Feb. 09, 2012
Summary: 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 Commissioner for further consideration. (ECF No. 19.) After reviewing defen
Summary: 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 Commissioner for further consideration. (ECF No. 19.) After reviewing defend..
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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 Commissioner for further consideration. (ECF No. 19.)
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 Commissioner pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, based on the relevant record, this Court recommends that the Administrative Law Judge hold a hearing and issue a decision.
This Court further recommends that the Administrative Law Judge take any other actions necessary to develop the record. In addition, plaintiff should be allowed to submit additional evidence and arguments to the ALJ on remand.
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).
Source: Leagle
