Ensley v. Colvin

Filing 24

ORDER Reversing Commissioner and Remanding with Instructions by Judge Marsha J. Pechman. The Court Adopts the 23 Report and Recommendation. (LMK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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07 ANGIE ENSLEY,
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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. C2:14-CV-0240-MJP-JLW

ORDER REVERSING
COMMISSIONER AND REMANDING
WITH INSTRUCTIONS

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The Court has reviewed the entire record, including the Administrative Record, the

15 memoranda of the parties, and the Report and Recommendation of United States Magistrate
16 Judge John L. Weinberg. It is therefore ORDERED:
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I.

The Court adopts the Report and Recommendation. On remand, the ALJ should:

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Thoroughly analyze and assign weight to Dr. Schimmel’s opinion. Then, the ALJ

19 should reassess the opinions of Drs. Johansen and Harmon, specifically analyzing what impact
20 Dr. Schimmel’s opinion has on them. If the ALJ again attaches little or no weight to the
21 opinions of one or more of these physicians, the ALJ must state legally valid reasons for doing
22 so. If the ALJ attaches significant weight to one or more of them, the ALJ should re-determine

ORDER REVERSING COMMISSIONER
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01 Plaintiff's RFC, and, if necessary, obtain new testimony from a Vocational Expert, and
02 re-determine Plaintiff's eligibility for benefits.
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II.

The Court REVERSES the decision of the Commissioner; and

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III.

The Clerk shall direct copies of this Order to all counsel and to Judge Weinberg.

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DATED this 14th day of November, 2014.
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A

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Marsha J. Pechman
United States District Judge

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ORDER REVERSING COMMISSIONER
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