Jones v. Colvin

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Robert S. Lasnik. The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TERRY LYNN JONES,
Plaintiff,

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Case No. C16-135RSL-JRC
v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

ORDER ADOPTING REPORT AND
RECOMMENDATION

Defendant.

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The Court, having reviewed the Report and Recommendation of Judge J. Richard
Creatura, United States Magistrate Judge, and the relevant record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.1

(2)

The matter is REVERSED and REMANDED pursuant to sentence four of 42

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U.S.C. § 405(g) to the Commissioner for further consideration.

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1

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Defendant does not object to the bulk of the Report and Recommendation, but asks the Court
not to adopt certain statements in Part 2 of the Discussion. The challenged statements appear in the
context of the Report and Recommendation’s conclusion that substantial evidence does not support the
ALJ’s finding that plaintiff has the residual functional capacity to perform medium work. Because this
conclusion is sufficiently justified by Part 1 of the Discussion (finding that the ALJ insufficiently
considered available medical evidence), the Court need not address the statements identified by
defendant.

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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(3)

JUDGMENT is for plaintiff and the case should be closed.

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(4)

The Clerk is directed to send copies of this Order to counsel of record.

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DATED this 4th day of January, 2017.

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A

Robert S. Lasnik
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2