Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: REPORT AND RECOMMENDATION JOHN C. COUGHENOUR , Magistrate Judge . The District Court has referred this action, filed pursuant to 42 U.S.C. 405(g), to United States Magistrate Judge David W. Christel. Presently before the Court is Defendant's Stipulated Motion for Remand. Dkt. 13. After reviewing Defendant's Stipulated Motion and the relevant record, the Court recommends the following: Defendant's Motion be granted, and the case be reversed and remanded for a de novo hearing and further
Summary: REPORT AND RECOMMENDATION JOHN C. COUGHENOUR , Magistrate Judge . The District Court has referred this action, filed pursuant to 42 U.S.C. 405(g), to United States Magistrate Judge David W. Christel. Presently before the Court is Defendant's Stipulated Motion for Remand. Dkt. 13. After reviewing Defendant's Stipulated Motion and the relevant record, the Court recommends the following: Defendant's Motion be granted, and the case be reversed and remanded for a de novo hearing and further ..
More
REPORT AND RECOMMENDATION
JOHN C. COUGHENOUR, Magistrate Judge.
The District Court has referred this action, filed pursuant to 42 U.S.C. § 405(g), to United States Magistrate Judge David W. Christel. Presently before the Court is Defendant's Stipulated Motion for Remand. Dkt. 13. After reviewing Defendant's Stipulated Motion and the relevant record, the Court recommends the following:
Defendant's Motion be granted, and the case be reversed and remanded for a de novo hearing and further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
On remand, the Court recommends the Administrative Law Judge:
• Re-evaluate the lay witness statements;
• Re-evaluate limitations resulting from the claimant's headaches;
• As necessary, re-evaluate the claimant's symptom testimony and residual functional capacity; and
• Continue the sequential evaluation process, obtaining vocational expert testimony as warranted.
The parties agree Plaintiff is entitled to reasonable attorney fees, expenses, and costs under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 and 1920, upon proper request to the Court.
Given the facts and the parties' stipulation, the Court recommends the District Judge immediately adopt this Report and Recommendation.
The Court, having reviewed Defendant's Stipulated Motion for Remand, the Report and Recommendation of Judge David W. Christel, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:
(1) the Court adopts the Report and Recommendation;
(2) the Stipulated Motion for Remand is GRANTED; and
(3) the matter is therefore REVERSED and remanded to the Commissioner for further administrative proceedings consistent with the Report and Recommendation.
(4) The Clerk is ordered to enter judgment for Plaintiff.
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 this matter be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Acting Commissioner for further administrative proceedings.
Judgment for Plaintiff and the case is closed.
