Ibrahim v. Astrue

Filing 38

REPORT AND RECOMMENDATIONS re stipulated 37 MOTION to Remand. Noting Date 4/18/2013. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Proposed Order, # 2 R&R Judgment)(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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09 FOWSIA H. IBRAHIM,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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____________________________________ )

CASE NO. C12-0739-JLR-MAT

REPORT AND RECOMMENDATION

Plaintiff brought this action to seek judicial review of the denial of an application for

16 disability benefits by the Commissioner of the Social Security Administration. The parties
17 have now stipulated that this case should be reversed and remanded. (Dkt. 37.)
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Based on the stipulation of the parties, the Court recommends this case be REVERSED

19 and REMANDED for further administrative proceedings pursuant to sentence four of 42
20 U.S.C. § 405(g). The parties stipulate that, on remand, the Administrative Law Judge will:
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1 Carolyn W. Colvin, Acting Commissioner of Social Security, is substituted as defendant in
this suit. Fed. R. Civ. P. 25(d)(1).

REPORT AND RECOMMENDATION
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01 (1) give further consideration to the medical evidence in the record; (2) evaluate the medical
02 opinions in accordance with Social Security Ruling (SSR) 96-2p (“Giving Controlling Weight
03 to Treating Source Medical Opinions”) and SSR 96-5p (“Medical Source Opinions on Issues
04 Reserved to the Commissioner”); (3) provide the weight accorded to the medical opinions and,
05 if rejecting the opinions, provide specific and legitimate reasons for doing so; (4) in light of the
06 above actions, reassess the steps of the sequential evaluation process as warranted; (5) offer
07 plaintiff an opportunity for a hearing; and (6) allow plaintiff to present new arguments and
08 further medical evidence, if such evidence becomes available. The parties note that the
09 subsequent, June 18, 2012 decision finding plaintiff eligible for Supplemental Security Income
10 payments, with an established disability onset date of April 10, 2012, will not be reopened or
11 disturbed by this remand. Also, upon proper presentation, the Court will consider plaintiff’s
12 application for attorney’s fees and expenses under 28 U.S.C. § 2412(d), and costs under 28
13 U.S.C. § 1920.
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Given the above, the Court recommends that United States District Judge James L.

15 Robart immediately approve this Report and Recommendation and order the case REVERSED
16 and REMANDED for further administrative proceedings pursuant to sentence four of 42
17 U.S.C. § 405(g). A proposed order accompanies this Report and Recommendation.
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DATED this 18th day of April, 2013.

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A

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Mary Alice Theiler
United States Magistrate Judge

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REPORT AND RECOMMENDATION
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