Wall v. Colvin

Filing 31

REPORT AND RECOMMENDATIONS re the parties' stipulated 30 MOTION to Remand, and plaintiff's 3 Complaint. Noting Date 1/7/2014. 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 MICHAEL A. WALL,
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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. C13-0930-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 now stipulate this case should be reversed and remanded for further proceedings. (Dkt. 30.)
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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). On remand, the Administrative Law Judge shall: (1) hold a de novo hearing
21 and re-assess the severity of plaintiff’s anxiety; (2) re-assess the medical evidence of record,
22 including the opinions of Brian Smart, M.D., Timothy Bondurant, M.D., and Suzanne Canning,

REPORT AND RECOMMENDATION
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01 M.D.; (3) re-assess plaintiff’s credibility and residual functional capacity; and (4) if necessary,
02 obtain supplemental evidence from a vocational expert. Also, upon proper application, the
03 Court will consider plaintiff’s application for attorneys’ fees under the Equal Access to Justice
04 Act, 24 U.S.C. § 2412, et seq.
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The Court recommends that United States District Judge James L. Robart immediately

06 approve this Report and Recommendation and order the case REVERSED and REMANDED
07 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A
08 proposed order accompanies this Report and Recommendation.
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DATED this 7th day of January, 2014.

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A

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Mary Alice Theiler
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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