Opinion
Case No. C12-1977-JCC-BAT
05-28-2013
LAWRENCE R. VALDEZ, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
REPORT AND
RECOMMENDATION
Lawrence R. Valdez seeks review of the denial of his Supplemental Security Income application. Dkt. 3. The parties stipulate the case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 16.
The Court has considered the parties' stipulation and the record and recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. On remand, the Administrative Law Judge will:
(1) Consider the weight given to the opinion of Eric Norwood, M.P.S.T., that the claimant could sit, stand, and walk for only 5 hours in an 8-hour day (Tr. 547); and
(2) Reconsider the claimant's residual functional capacity; and obtain supplemental
vocational expert testimony as necessary. The ALJ and plaintiff may raise and pursue additional issues.
Plaintiff shall be entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court.
Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that United States District Judge John C. Coughenour 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.
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BRIAN A. TSUCHIDA
United States Magistrate Judge