Opinion
Case No. C15-1440-RSM-BAT
03-07-2016
DARREL L. SANDERS, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
Plaintiff appeals the denial of his application for Disability Insurance Benefits. Dkt. 1. The parties stipulate the case should be reversed and remanded. Dkt. 17. 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).
On remand, the Appeals Council shall:
• Further develop the record, as necessary, and issue a new decision;
• Reevaluate plaintiff's residual functional capacity;
• Reevaluate the medical evidence of record, including but not limited to the opinions from Dr. Hoskins, Dr. Donahue, and Dr. Brown, and either incorporate into the
residual functional capacity assessment all limitations described in the medical opinions or explain why any opinions are not adopted;
• Reassess the credibility of plaintiff's subjective complaints and other sources of evidence; and
• Continue the sequential evaluation process, including reassessing plaintiff's ability to perform other work at step five and obtaining supplemental vocational expert evidence, as necessary.
The parties further stipulate that no aspect of the Commissioner's final decision is affirmed and judgment shall be entered for plaintiff.
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 7th day of March, 2016.
/s/_________
BRIAN A. TSUCHIDA
United States Magistrate Judge