Mahugh v. Colvin

Filing 19

REPORT AND RECOMMENDATIONS re 18 Stipulated Motion to Remand by Hon. James P. Donohue. (Attachments: # 1 Proposed Order, # 2 Judgment) (CL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JADA LEIGH MAHUGH,

Case No. C13-1782-TSZ-JPD

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Plaintiff,
REPORT AND RECOMMENDATION

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v.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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

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disability benefits by the Commissioner of the Social Security Administration. Dkt. 3. The

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parties have stipulated that this case should be reversed and remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 18.

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Based on the stipulation of the parties, the Court recommends that this case be

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REVERSED and REMANDED for further administrative proceedings before an Administrative

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Law Judge (“ALJ”). On remand, the ALJ shall offer plaintiff an opportunity for a new hearing,

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further update the medical record, and issue a new decision. The ALJ shall also:

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Reassess plaintiff’s maximum residual functional capacity (RFC), specifically
with consideration to the opinions of record from Dr. Eisenhauer and Dr. Kester;

REPORT AND RECOMMENDATION
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2.

Consider all medical source opinions and fashion a complete RFC finding. The

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ALJ should provide specific reasoning for the weight given to opinion evidence,

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discussing the evidentiary basis for conclusions along with an adequate rationale

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for either accepting or rejecting probative medical opinions, and giving

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consideration to obtaining medical expert testimony;

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3.

Include all unrejected work related limitations in the RFC; and

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4.

Reassess steps four and five with the assistance of a vocational expert plaintiff’s

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work-related limitations on the occupational base ensuring that the vocational

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expert is provided a hypothetical that is consistent with the RFC ultimately found.

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Upon proper application, the Court will consider whether reasonable attorney’s fees and
costs should be awarded pursuant to 28 U.S.C. § 2412.
Because the parties have stipulated that the case be remanded as set forth above, the

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Court recommends that United States District Judge Thomas S. Zilly immediately approve this

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Report and Recommendation. The Clerk should note the matter for April 25, 2014 as ready for

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Judge Zilly’s consideration. A proposed order accompanies this Report and Recommendation.

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DATED this 25th day of April, 2014.

A

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JAMES P. DONOHUE
United States Magistrate Judge

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REPORT AND RECOMMENDATION
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