Massey v. Astrue

Filing 24

REPORT AND RECOMMENDATIONS re 23 Stipulated MOTION TO REMAND filed by Michael J. Astrue. Signed by Magistrate Judge Karen L Strombom. (CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICKEY A. MASSEY,
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Case No. 11-5257 BHS-KLS
Plaintiff,
REPORT AND RECOMMENDATION

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

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Defendant.

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

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§ 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W.
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v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for

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remand. (ECF #23). After reviewing the parties’ stipulated motion and the remaining record, the

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

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Commissioner for further proceedings.

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This Court recommends that on remand to the Commissioner of Social Security, the
Appeals Council will remand this case to the Administrative Law Judge (ALJ) to:

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1.

Hold a de novo hearing;

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2.

Issue a new decision;

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3.

Resolve the apparent conflict of interest arising from the medical expert testimony

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of Arthur L. Lewy, Ph.D., given his concurrent work for DDS and the Center for

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Disability; and
REPORT AND RECOMMENDATION - 1

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4.

Re-assess medical source evidence as necessitated by the resolution of the

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preceding issue with the assistance of an impartial medical expert who does not

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work for the State Agency.

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Plaintiff may also present new arguments and further evidence, if such evidence becomes

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available.
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The parties stipulate that this case be reversed and remanded to the ALJ on the above

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grounds pursuant to sentence four of 42 U.S.C. § 405(g). The parties agree that reasonable

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attorney fees and costs will be awarded under the Equal Access to Justice Act, 28 U.S.C. sec.

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2412(d), upon proper request to the Court.

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

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

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REMANDED. A proposed order accompanies this Report and Recommendation.

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DATED this 26th day of October, 2011.

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A

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Karen L. Strombom
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2