J. Richard Creatura United States Magistrate Judge
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. 21).
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 pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, based on the parties' stipulation, this Court recommends that the Administrative Law Judge ("the ALJ") hold a new hearing and issue a new decision. The ALJ should:
(1) allow plaintiff to submit additional evidence and arguments;
(2) hold a de novo hearing and issue a new decision;
(3) reevaluate the medical opinion evidence, particularly the opinions of Mark Heilbrunn, M.D., and Margaret Sandler, A.R.N.P., in accordance with 20 C.F.R §§ 404.1527, 416.927, explaining the weight given and providing legally sufficient reasons for any medical opinion that is rejected;
(4) reevaluate plaintiff's impairments at steps two and three of the sequential evaluation process;
(5) reassess plaintiff's residual functional capacity;
(6) reevaluate plaintiff's ability to perform her past relevant work, making specific findings, explaining and resolving any conflicts, and obtaining vocational expert testimony as needed;
(7) as necessary, reevaluate plaintiff's ability to perform other work at step five, obtaining vocational expert testimony; and
(8) take any other actions necessary to develop the record.
This case should be reversed and remanded on the above grounds, and the parties have agreed that plaintiff is entitled to reasonable attorney's fees and expenses pursuant to 28 U.S.C. § 2412, and costs pursuant to 28 U.S.C. § 1920, following proper request to this Court.
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 1st day of May, 2015.
/s/_________
J. Richard Creatura
United States Magistrate Judge