Baines v. Astrue

Filing 20

REPORT AND RECOMMENDATIONS re 19 Stipulated MOTION TO REMAND filed by Michael J Astrue. Signed by Magistrate Judge Karen L Strombom. (CMG)

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

5
6
7
8

BARBARA B. BAINES,
Case No. 11-5225 RBL-KLS
Plaintiff,

9

REPORT AND RECOMMENDATION

v.
10
11
12

MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.

13
14
15

This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.

16

§ 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W.

17

v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for

18

remand. (ECF #19). After reviewing the parties’ stipulated motion and the remaining record, the

19

undersigned recommends that the Court grant the parties’ motion, and remand this matter to the

20

Commissioner for further proceedings.

21
22

This Court recommends that on remand the Commissioner’s final decision of the above-

23

captioned case be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g), for a

24

finding of disability based on the claimant’s amended onset date of September 1, 2006.

25
26
REPORT AND RECOMMENDATION - 1

1

Given the fact of the parties’ stipulation, the Court recommends that the District Judge

2

immediately approve this Report and Recommendation and order the case REVERSED and

3

REMANDED. A proposed order accompanies this Report and Recommendation.

4

DATED this 26th day of October, 2011.

5

A

6
7

Karen L. Strombom
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
REPORT AND RECOMMENDATION - 2