Lagois v. Colvin

Filing 19

ORDER REVERSING AND REMANDING THE CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS AND ADOPTING REPORT AND RECOMMENDATIONS re 18 Report and Recommendations by Judge Marsha J. Pechman. (MD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 LOUIS ANTHONY LAGOIS, 8 Plaintiff, 9 v. 10 CAROLYN W. COLVIN, Acting 11 Commissioner of Social Security, ORDER REVERSING AND REMANDING THE CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS Defendant. 12 13 Case No. C14-475-MJP The Court having considered the parties’ briefs, the Report and Recommendation of the 14 Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, 15 hereby finds and ORDERS: 16 (1) The Court adopts the Report and Recommendation. 17 (2) The Commissioner’s final decision is REVERSED and the case is REMANDED 18 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). 19 (3) On remand, the ALJ should further develop the record as necessary; consider the 20 evidence throughout the entire relevant time period from March 17, 2004, through Mr. Lagois’s 21 date last insured, June 30, 2007; consider treating, examining, and non-examining medical 22 source opinions throughout the relevant timer period and fashion a complete residual functional 23 capacity (“RFC”) finding; provide specific reasoning for the weight given to the opinion ORDER REVERSING AND REMANDING THE CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS - 1 1 evidence, discussing the evidentiary basis for conclusions along with an adequate rationale for 2 either accepting or rejecting probative medical opinions, and giving consideration to obtaining 3 medical expert testimony; include all unrejected limitations in the RFC; reassess steps four and 4 five with the assistance of a vocational expert, ensuring that the vocational expert is provided a 5 hypothetical that is consistent with the RFC ultimately found. 6 (4) The Clerk is directed to send copies of this Order the parties and to Judge 7 Tsuchida. 8 DATED this 11th day of November, 2014. 9 11 A 12 Marsha J. Pechman Chief United States District Judge 10 13 14 15 16 17 18 19 20 21 22 23 ORDER REVERSING AND REMANDING THE CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS - 2

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