Opinion
Case No. C11-352-RSL-BAT
08-29-2011
CHARITY COX, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration Defendant.
REPORT AND RECOMMENDATION
Charity Cox brought an action seeking review of the denial of her application for disability insurance benefits by the Commissioner of the Social Security Administration. Dkt. 4. The parties stipulate the case should be remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. Dkt. 22.
The parties stipulate that upon remand, the Administrative law Judge ("ALJ") shall be directed to re-evaluate; all the medical source opinions of record, particularly the opinion of Dr. Ford; plaintiff's credibility, including any lay witness evidence; and plaintiff's residual functional capacity. If necessary, the ALJ will perform a new step four and/or step five analysis. If warranted by the expanded record, the ALJ will obtain supplemental testimony from a vocational expert at step five of the sequential evaluation. The parties also agree that reasonable attorney fees should be awarded, upon proper application, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.
Based on the stipulation between the parties, the Court recommends that the above-captioned case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
As the parties stipulate to remand, the Court recommends, if this recommendation is adopted, that it be approved immediately. A proposed order accompanies this Report and Recommendation.
BRIAN A. TSUCHIDA
United States Magistrate Judge