CONNER v. BERRYHILL

Case No. 2:16-CV-01938-BHS-DWC.

TAMMY CONNER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

United States District Court, W.D. Washington, Tacoma.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Tammy Conner, Plaintiff, represented by Francisco Rodriguez .

Nancy A Berryhill, Defendant, represented by Kerry Jane Keefe , US ATTORNEY'S OFFICE & David J. Burdett , SOCIAL SECURITY ADMINISTRATION.


REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND

DAVID W. CHRISTEL, Magistrate Judge.

The District Court has referred this action, filed pursuant to 42 U.S.C. § 405(g), to United States Magistrate Judge David W. Christel. Presently before the Court is Defendant's Stipulated Motion for Remand. Dkt. 16. After reviewing Defendant's Stipulated Motion and the relevant record, the Court recommends the following:

Defendant's Motion be granted, and the case be reversed and remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).

On remand, the Court recommends the Administrative Law Judge (ALJ) shall:

• Reevaluate the medical evidence, including the opinions of Dr. Mease and Ms. Williams-Judge, with particular attention to the June 23, 2015 medical source statement and the letter dated August 5, 2015; • Reassess the claimant's symptoms; • Reassess the claimant's residual functional capacity; and if necessary, obtain supplemental evidence from a vocational expert to clarify the effect of the limitations on the occupational base; • Before relying on any vocational expert evidence, the ALJ will identify and resolve any conflicts between such evidence and the information in the Dictionary of Occupational Titles; • Plaintiff will have the opportunity for a new hearing; and • The ALJ will issue a new decision.

The parties agree Plaintiff is entitled to reasonable attorney fees under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 et. seq., upon proper request to the Court.

Given the facts and the parties' stipulation, the Court recommends the District Judge immediately approve this Report and Recommendation.


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