Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . The Court has reviewed the parties' stipulated motion to remand and the case record. Dkt. 15. The Court recommends GRANTING the stipulated motion, and REVERSING and REMANDING this case pursuant to sentence four of 42 U.S.C. 405(g) for a de novo hearing. On remand, the Commissioner will re-evaluate Jason Etzel, M.D.'s November — and April 2015 opinions. In doing so, the Commissioner will state what weight is afforded
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . The Court has reviewed the parties' stipulated motion to remand and the case record. Dkt. 15. The Court recommends GRANTING the stipulated motion, and REVERSING and REMANDING this case pursuant to sentence four of 42 U.S.C. 405(g) for a de novo hearing. On remand, the Commissioner will re-evaluate Jason Etzel, M.D.'s November — and April 2015 opinions. In doing so, the Commissioner will state what weight is afforded t..
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REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA, Magistrate Judge.
The Court has reviewed the parties' stipulated motion to remand and the case record. Dkt. 15. The Court recommends GRANTING the stipulated motion, and REVERSING and REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) for a de novo hearing. On remand, the Commissioner will re-evaluate Jason Etzel, M.D.'s November — and April 2015 opinions. In doing so, the Commissioner will state what weight is afforded to those opinions and discuss whether the Commissioner is accepting or rejecting the specific limitations in each opinion. Plaintiff shall have the opportunity to submit new evidence.
The district court may consider this stipulated motion immediately.
ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS
The Court, after careful consideration of the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:
1) The Court adopts the Report and Recommendation.
2) The Commissioner's decision is REVERSED and the case is REMANDED to the Social Security Administration for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and consistent with the Report and Recommendation.
3) On remand, the Commissioner shall hold a de novo hearing and will re-evaluate Jason Etzel, M.D.'s November 2013 and April 2015 opinions. In doing so, the Commissioner will state what weight is afforded to those opinions and discuss whether the Commissioner is accepting or rejecting the specific limitations in each opinion. Plaintiff shall have the opportunity to submit new evidence.
4) The Clerk shall provide copies of this Order to the parties and Judge Tsuchida.
JUDGMENT IN A CIVIL CASE
___ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.
THE COURT HAS ORDERED THAT:
The Report and Recommendation is adopted and approved. The Commissioner's final decision is REVERSED and the case is REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
