Opinion
Case No. 3:17-cv-05074-RSM-TLF
08-29-2017
MICHAEL RICHARD ROISE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant.
REPORT AND RECOMMENDATION Noted for September 15, 2017
This case has been referred to Magistrate Judge Theresa L. Fricke pursuant to 28 U.S.C. § 636(b)(1) and Local Rule MJR 3 and 4. This matter comes before the Court on the parties' filing of a stipulated motion for remand. Dkt. 23. The undersigned recommends that the Court grant that motion, and remand this matter for further administrative proceedings, including the following actions:
• The ALJ will conduct a new hearing, further develop the record as needed, and issue a new decision;
• The ALJ will reevaluate and further develop the medical opinions of record;
• The ALJ will reevaluate steps two and three of the sequential evaluation process;
• The ALJ will reevaluate Plaintiff's credibility;
• The ALJ will reevaluate Plaintiff's RFC;
• The ALJ will reevaluate steps four and five of the sequential evaluation
process with the assistance of a vocational expert, as necessary.
The parties have fourteen (14) days from service of this Report and Recommendation to file written objections thereto. 28 U.S.C. § 636(b)(1); Federal Rule of Civil Procedure (FRCP) 72(b); see also FRC P 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by FRCP 72(b), the Clerk is directed set this matter for consideration on September 15, 2017, as noted in the caption.
Dated this 29th day of August, 2017.
/s/_________
Theresa L. Fricke
United States Magistrate Judge