Gilson v. Colvin
Filing
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ORDER ON REPORT AND RECOMMENDATION, adopting 25 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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JENNIFER J. GILSON,
Plaintiff,
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CASE NO. C13-5237 RJB
ORDER ON REPORT AND
RECOMMENDATION
v.
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CAROLYN COLVIN, Acting
Commissioner of Social Security,
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Defendant.
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This matter comes before the court on Magistrate Judge Karen Strombom’s Report and
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Recommendation (Dkt. 25) regarding judicial review of Defendant’s denial of Plaintiff’s
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applications for disability insurance and supplemental security income (SSI) benefits. The court
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has reviewed the filings and the remainder of the record herein.
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On April 9, 2014, Magistrate Judge Strombom issued a Report and Recommendation,
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recommending that the Defendant’s decision to deny benefits be reversed and this matter be
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remanded to the Administrative Law Judge (ALJ) for further administrative proceedings. Dkt.
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25. Judge Strombom reasoned that remand was warranted because (1) the ALJ erred in finding
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ORDER ON REPORT AND
RECOMMENDATION- 1
1 that Dr. Neim’s findings were inconsistent, (2) the ALJ erred by providing non-germane reasons
2 for rejecting statement by Plaintiff’s mother, and (3) the ALJ’s determination in step four of the
3 analysis is unsupported by the substantial evidence in the record. Id. The parties were given
4 fourteen days, or until April 23, 2014, to file their objections. Id. at 13.
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As of April 23, 2014, neither party had objected. The court should reverse Defendant’s
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Accordingly, it is hereby ORDERED that:
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1. The Report and Recommendation (Dkt. 25) is ADOPTED.
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2. Defendant’s decision to deny benefits is REVERSED.
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3. This matter is REMANDED to the Administrative Law Judge for further
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administrative proceedings.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and
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Dated this 28th day of April, 2014.
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ROBERT J. BRYAN
United States District Judge
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ORDER ON REPORT AND
RECOMMENDATION- 2
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