Paul v. Astrue

Filing 21

REPORT AND RECOMMENDATIONS re 20 MOTION to Remand Stipulated 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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LINDA PAUL,
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Case No. 12-5710-RBL-KLS
Plaintiff,
v.

REPORT AND RECOMMENDATION

MICHAEL J. ASTRUE, Commissioner of
Social Security,
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 20). 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, an administrative law judge (ALJ) will hold a de
novo hearing and Plaintiff may raise any issue. The ALJ will also evaluate and weigh all

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medical opinions, including those of Dr. Neims; reevaluate Plaintiff’s credibility; reevaluate

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Plaintiff’s residual functional capacity; and discuss and evaluate any new evidence. Because

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Plaintiff has a subsequent favorable application for benefits, the period at issue will be from the

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alleged onset date of October 1, 2006, to February 1, 2011.

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REPORT AND RECOMMENDATION - 1

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Upon proper presentation, this Court will consider Plaintiff’s application for costs and
attorney fees under 28 U.S.C. § 2412(d) and 42 U.S.C. § 406(b).
Given the fact of the parties’ stipulation, the Court recommends that the District Judge
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 20th day of December, 2012.

A

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Karen L. Strombom
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2