Opinion
CASE NO. C10-2020-RAJ.
May 20, 2011
REPORT AND RECOMMENDATION
Plaintiff brought this action to seek judicial review of the denial of her application for Disability Insurance Benefits by the Commissioner of the Social Security Administration. The parties have now stipulated that this case should be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. 15.)
Based on the stipulation of the parties, the Court recommends that this case be REVERSED and REMANDED for further administrative proceedings. The parties have stipulated that, on remand, the Administrative Law Judge (ALJ) will: (1) explain the weight given to the opinion of Laszlo Sztonak, M.D., that plaintiff could sit for five hours cumulatively in an eight-hour day; (2) reconsider plaintiff's residual functional capacity, including by determining limitations, if any, due to urinary incontinence; (3) re-determine whether plaintiff had past relevant work and whether plaintiff could perform any past relevant work following Social Security Ruling (SSR) 96-8p and SSR 82-62; and (4) reconsider the issue of disability under the sequential evaluation process and issue a new written decision. In addition, the parties agree that the ALJ and plaintiff may raise and pursue additional issues, including any discussed in plaintiff's brief in this case, and that those other aspects of the ALJ's prior decision not specifically addressed here are not specifically affirmed. Also, upon proper application, the Court will consider plaintiff's application for attorney fees and expenses pursuant to 28 U.S.C. § 2412.
Given the above, the Court recommends that United States District Judge Richard A. Jones immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings. A proposed order accompanies this Report and Recommendation.