Filed: Jan. 29, 2018
Latest Update: Jan. 29, 2018
Summary: REPORT AND RECOMMENDATION DAVID W. CHRISTEL , 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 further administrative proceedin
Summary: REPORT AND RECOMMENDATION DAVID W. CHRISTEL , 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 further administrative proceeding..
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REPORT AND RECOMMENDATION
DAVID W. CHRISTEL, 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 further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
On remand, the Court recommends the Administrative Law Judge (ALJ) shall:
• Further develop the record, including records from Rhea Crisostomo, M.D.;
• Consider the nature, severity and resulting limitations of the claimant's inflammatory arthritis, including whether the requirements of Listing 14.09 are met or equaled;
• Further evaluate the claimant's subjective symptom testimony; reconsider the claimant's residual functional capacity; and
• Issue a new decision.
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, following proper request to the Court.
Given the facts and the parties' stipulation, the Court recommends the District Judge immediately approve this Report and Recommendation.
The Court, having reviewed the Report and Recommendation of Judge David W. Christel, United States Magistrate Judge, and the relevant record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration.
(3) JUDGMENT is for plaintiff and the case should be closed.
(4) The Clerk is directed to send copies of this Order to counsel of record.
______________________
RICHARD A. JONES
United States District Judge
JUDGMENT IN A CIVIL CASE (PROPOSED)
___ 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.
