Miller v. Commissioner of Social Security

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendations. Signed by Senior Judge Robert H. Whaley. (CC, Case Administrator)

1
2
3
4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

5
6
7

DAWN MILLER,

8

Plaintiff,

9

vs.

10
11

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

Civil No. 2:12-cv-03154-JPH

ORDER ADOPTING REPORT
AND RECOMMENDATION

12

Defendant.

13

BEFORE THE COURT is the magistrate judge’s report, ECF No. 30,

14

recommending the Court grant the parties’ stipulated motion for remand. ECF No.

15

29. The parties have not consented to the magistrate judge’s jurisdiction.
16

After consideration, IT IS HEREBY ORDERED:

17

1. The Magistrate Judge’s Report and Recommendation, ECF No. 30, is

18
19

adopted in its entirety.

20
21

2. The Commissioner’s final decision is reversed and remanded for further
proceedings pursuant to sentence four of 42 U.S.C. §405(g). Upon remand to the

22

Commissioner of Social Security, the Appeals Council will remand this case to the
23
Page 1

ORDER ADOPTING REPORT AND RECOMMENDATION

1

Administrative Law Judge (ALJ) to: (1) conduct a new hearing, further develop
2
3

the record and issue a new decision (2) reevaluate steps two and three of the

4

sequential evaluation process (3) reevaluate Plaintiff’s credibility pursuant to SSR

5

96-7p (4) reevaluate Plaintiff’s residual functional capacity pursuant to SSR 96-

6

8p, and (5) reevaluate steps four and five of the sequential evaluation process with

7

the assistance of a vocational expert, as necessary.

8

IT IS SO ORDERED. The District Court Executive is directed to enter this
9
10

Order, and forward copies to the parties and Magistrate Judge Hutton.
DATED this12th day of March, 2014.

11
12

s/Robert H. Whaley
ROBERT H. WHALEY
U.S. District Judge

13
14
15

Q:\RHW\aCIVIL\2012\dawnmiller.doc

16
17
18
19
20
21
22
23
Page 2

ORDER ADOPTING REPORT AND RECOMMENDATION