Opinion
Case No. C15-1340-RSM-BAT
03-14-2016
TINCY LEE HUNT, 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. 23. 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).
Upon remand, the ALJ will offer the claimant a new hearing, take any further action needed to complete the administrative record and issue a new decision. The ALJ will consider all evidence in the record, including treatment records by Michelle Zhong, M.D.; further evaluate the claimant's residual functional capacity and, in so doing, obtain medical expert evidence and reconsider the opinion evidence, including the opinions of Ann Alvarez, M.D., and Mumin Dimbil, M.D.; if warranted, obtain supplemental vocational expert evidence to determine if jobs exist in significant numbers in the national economy that the claimant can perform given her limitations; and issue a new decision.
The parties further stipulate that Ms. Hunt will be entitled to reasonable attorney pursuant to 28 U.S.C. § 2412 et seq.
Because the parties have stipulated the case be remanded as set forth above, the Court recommends that Chief United States District Judge Ricardo S. Martinez 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 14th day of March, 2016.
/s/_________
BRIAN A. TSUCHIDA
United States Magistrate Judge