Opinion
CASE NO. C14-0210-MJP-MAT
07-25-2014
SANDRA WESTON, 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 for further proceedings. (Dkt. 14.)
Based on the stipulation of the parties, the Court recommends this case be REVERSED and REMANDED for a de novo hearing and further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, The Administrative law judge (ALJ) shall: (1) evaluate the claimant's subjective complaints under 20 C.F.R. § 416.929 and Social Security Ruling (SSR) 96-7p; (2) further evaluate the claimant's maximum residual functional capacity under 20 C.F.R. § 416.945, SSR 85-16, and SSR 96-8p; and (3) at step five, obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the occupational base. The ALJ and plaintiff may also raise and pursue additional issues. Upon proper application, the Court will consider plaintiff's application for attorneys' fees under the Equal Access to Justice Act, 24 U.S.C. § 2412, et seq.
The Court recommends that United States District Judge Marsha J. Pechman immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A proposed order accompanies this Report and Recommendation.
DATED this 25th day of July, 2014.
/s/_________
Mary Alice Theiler
Chief United States Magistrate Judge