Opinion
CASE NO. C14-739-JCC-BAT
11-04-2014
KERRY L. RUSSELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter comes before the Court on the parties' stipulated motion to reverse and remand the case for further administrative proceedings (Dkt. No. 16) and the report and recommendation ("R&R") of the Honorable Brian A. Tsuchida, United States Magistrate Judge (Dkt. No. 17). The Court hereby ADOPTS the R&R:
Based on the stipulation of the parties, it is ORDERED that the Commissioner's decision regarding Plaintiff's application for benefits under Title XVI of the Social Security Act be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings before an Administrative Law Judge ("ALJ"), a de novo hearing, and a new decision.
On remand, the ALJ will reassess the residual functional capacity assessment and obtain supplemental evidence from a vocational expert to clarify the effects of the assessed limitations (specifically, the limitation to "limited or no contact with the public") on the occupational base. This Court is not ruling on the parts of the ALJ's decision not specifically addressed in this Order.
The Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and remands the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff will be entitled to reasonable attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) upon proper request to this Court.
DATED this 4th day of November 2014.
/s/_________
John C. Coughenour
UNITED STATES DISTRICT JUDGE