Opinion
CASE NO. 2:17-CV-01081-RBL-JRC
01-19-2018
JERRI LYNN ENGELKES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
REPORT AND RECOMMENDATION ON STIPULATED MOTION FOR REMAND
This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on defendant's stipulated motion to remand the matter to the administration for further consideration (Dkt. 13).
After reviewing defendant's stipulated motion and the relevant record, the undersigned recommends that the Court grant defendant's motion, and reverse and remand this matter to the Acting Commissioner.
On remand, based on the parties' stipulation, this Court recommends the Administrative Law Judge reevaluate the medical opinion evidence; reevaluate whether plaintiff can perform her past relevant work with the limitations in her residual functional capacity; and issue a new decision.
It is further recommended that following proper application, plaintiff shall be eligible for attorneys' fees under the Equal Access to Justice Act, 24 U.S.C. § 2412 et seq.
Given the facts and the parties' stipulation, the Court recommends that the District Judge immediately approve this Report and Recommendation and order the case be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
Dated this 19th day of January, 2018.
/s/_________
J. Richard Creatura
United States Magistrate Judge