Opinion
Case No. 11-5024 BHS-KLS
08-16-2011
KITTY N. HARDING, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for remand. (ECF #19). After reviewing the parties' stipulated motion and the remaining record, the undersigned recommends that the Court grant the parties' motion, and remand this matter to the Commissioner for further proceedings.
This Court recommends that on remand the ALJ shall re-assess the medical evidence of record, including but not limited to the opinions of Daniel M. Neims, Psy.D.; James Parker, M.D.; and Jan L. Lewis, Ph.D. The ALJ shall also re-assess Plaintiff's credibility and residual functional capacity. If necessary, the ALJ shall obtain additional vocational expert testimony.
On remand, this case shall be consolidated with Plaintiff's subsequent Title XVI claim. The ALJ shall associate the claims files and issue a new decision on the consolidated claims.
Plaintiff is entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412, upon proper request to this Court.
Given the fact of the parties' stipulation, the Court recommends that the District Judge immediately approve this Report and Recommendation and order the case REVERSED and REMANDED. A proposed order accompanies this Report and Recommendation.
Karen L. Strombom
United States Magistrate Judge