Opinion
CASE NO. C14-0310-RSL-MAT
07-21-2014
CYNTHIA L. HALLOCK, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
Plaintiff brought this action to seek judicial review of the denial of an application for disability benefits by the Commissioner of the Social Security Administration. The parties now stipulate this case should be reversed and remanded. (Dkt. 18.)
Based on the stipulation of the parties, the Court recommends this case be REVERSED and REMANDED pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative proceedings to reconcile the conflicting findings regarding disability pertaining to Ms. Hallock. Upon receipt of the Court's Order of Remand, the Appeals Council will remand the case to an administrative law judge for a de novo hearing. The Court will retain jurisdiction over the action pending further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 98-102 (1991). If the outcome of the de novo hearing is unfavorable to plaintiff, she may seek judicial review by reinstating this case rather than by filing a new Complaint. If the outcome is favorable to plaintiff, the parties will move this Court for entry of Judgment.
The Court recommends that United States District Judge Robert S. Lasnik immediately approve this Report and Recommendation and order the case REVERSED and REMANDED pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative proceedings. A proposed order accompanies this Report and Recommendation.
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Mary Alice Theiler
Chief United States Magistrate Judge