Gilson v. Colvin

Filing 26

ORDER ON REPORT AND RECOMMENDATION, adopting 25 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 JENNIFER J. GILSON, Plaintiff, 12 13 CASE NO. C13-5237 RJB ORDER ON REPORT AND RECOMMENDATION v. 14 CAROLYN COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 This matter comes before the court on Magistrate Judge Karen Strombom’s Report and 17 Recommendation (Dkt. 25) regarding judicial review of Defendant’s denial of Plaintiff’s 18 applications for disability insurance and supplemental security income (SSI) benefits. The court 19 has reviewed the filings and the remainder of the record herein. 20 On April 9, 2014, Magistrate Judge Strombom issued a Report and Recommendation, 21 recommending that the Defendant’s decision to deny benefits be reversed and this matter be 22 remanded to the Administrative Law Judge (ALJ) for further administrative proceedings. Dkt. 23 25. Judge Strombom reasoned that remand was warranted because (1) the ALJ erred in finding 24 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. 5 As of April 23, 2014, neither party had objected. The court should reverse Defendant’s 6 decision to deny benefits and remand this matter to the ALJ for further administrative 7 proceedings. 8 Accordingly, it is hereby ORDERED that: 9 1. The Report and Recommendation (Dkt. 25) is ADOPTED. 10 2. Defendant’s decision to deny benefits is REVERSED. 11 3. This matter is REMANDED to the Administrative Law Judge for further 12 13 administrative proceedings. The Clerk is directed to send uncertified copies of this Order to all counsel of record and 14 to any party appearing pro se at said party’s last known address. 15 Dated this 28th day of April, 2014. A 16 17 ROBERT J. BRYAN United States District Judge 18 19 20 21 22 23 24 ORDER ON REPORT AND RECOMMENDATION- 2

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