Filed: Jul. 11, 2017
Latest Update: Jul. 11, 2017
Summary: 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. 1. 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. 14. Based on the stipulation of the parties, the Court recommends that this case be
Summary: 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. 1. 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. 14. Based on the stipulation of the parties, the Court recommends that this case be R..
More
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. 1. 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. 14.
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:
• Conduct a new hearing, further develop the record as needed, and issue a new decision;
• Reevaluate and further develop the medical opinions of record;
ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS
The Court, after careful consideration of the plaintiff's complaint, the Report and Recommendation of the Honorable James P. Donohue, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts and approves the Report and Recommendation.
(2) The final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.
(3) The Clerk of the Court is directed to send copies of this Order to the parties and to Judge Donohue.
• Reevaluate plaintiff's subjective complaints;
• Reevaluate plaintiff's RFC and;
• Reevaluate steps four and five of the sequential evaluation process with the assistance of a vocational expert, as necessary. The ALJ shall specifically discuss the age categories in this borderline age category situation.
Upon proper application, the Court will consider whether reasonable attorney's fees and costs should be awarded pursuant to 28 U.S.C. § 2412.
Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that United States District Judge Ricardo S. Martinez immediately approve this Report and Recommendation. The Clerk should note the matter for July 11, 2017 as ready for Judge Martinez's consideration. A proposed order accompanies this Report and
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 final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.
