Northcutt v. Colvin

Filing 17

ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS by Judge Ricardo S Martinez. The Court adopts the 15 Report and Recommendation. The Commissioner's decision is reversed and remanded. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JACOB K. NORTHCUTT,
Plaintiff,

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v.
NANCY A. BERRYHILL,

CASE NO. C16-1350-RSM-BAT
ORDER REVERSING AND
REMANDING CASE FOR
FURTHER ADMINISTRATIVE
PROCEEDINGS

Defendant.

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The Court, after careful consideration of the Report and Recommendation (“R&R”) of
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the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record,
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does hereby find and ORDER:
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1) The Court adopts the Report and Recommendation. Plaintiff objects to the R&R to
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the extent it recommends affirming the ALJ’s adverse credibility determination. Dkt.
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#15. He argues that Judge Tsuchida makes the same errors in evaluating the record as
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the ALJ. Id. at 2-5. The Court disagrees. While Judge Tsuchida recognized that the
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ALJ’s credibility determination was not error-free, he also determined that the ALJ
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had a valid reason for discounting his credibility. Having reviewed the record, and
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Plaintiff’s Objections, the Court is not convinced that Judge Tsuchida’s conclusion is
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in error. Accordingly, Plaintiff’s Objections are denied.
ORDER REVERSING AND REMANDING CASE FOR
FURTHER ADMINISTRATIVE PROCEEDINGS - 1

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2) The Commissioner’s decision is REVERSED and the case is REMANDED to the

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Social Security Administration for further proceedings consistent with the Report and

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Recommendation.

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3) The Clerk shall provide copies of this Order to the parties and Judge Tsuchida.

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DATED this 12th day of April, 2017.

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A
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER REVERSING AND REMANDING CASE FOR
FURTHER ADMINISTRATIVE PROCEEDINGS - 2