Opinion
Case No. C14-961-RSL-BAT
12-19-2014
ANITA C. TURNER, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
Plaintiff appeals the denial of his applications for disability benefits. Dkt. 3. The parties stipulate the case should be reversed and remanded. Dkt. 17. The Court has considered the stipulation and the record and recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including further development of the record, a new hearing, and issuance of a new decision. On remand, the Administrative Law Judge (ALJ) shall:
1) Consider all of the evidence submitted to the Appeals Council, including the lay witness statements and the performance evaluations dated 2002 through 2007;
2) Re-evaluate the medical evidence, including the opinions of record;
3) Re-evaluate the severity of the claimant's impairments, including her mental impairments;
4) Re-evaluate the claimant's credibility;
5) Re-evaluate the claimant's residual functional capacity; and
6) If warranted, re-evaluate steps four and five of the sequential evaluation process, with the assistance of a vocational expert as necessary.
The parties further stipulate that Ms. Turner is entitled to reasonable attorney fees, expenses, and costs pursuant to 28 U.S.C. § 2412, upon proper request to this Court.
Because the parties have stipulated the case be remanded as set forth above, the Court recommends that United States District Judge Robert S. Lasnik immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings as set forth above. A proposed order accompanies this Report and Recommendation.
DATED this 19th day of December, 2014.
/s/_________
BRIAN A. TSUCHIDA
United States Magistrate Judge