Evans v. Colvin

Filing 30

ORDER OF REMAND FOR PAYMENT OF BENEFITS AND ADOPTING REPORT AND RECOMMENDATIONS re 28 Objections to Report and Recommendation filed by Carolyn Colvin by Judge Richard A Jones. (MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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07 DONNA VALERIE EVANS,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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____________________________________ )

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CASE NO. C13-5436-RAJ

ORDER OF REMAND FOR
PAYMENT OF BENEFITS

The Court has reviewed the entire record, including the Administrative Record, the

14 memoranda of the parties, and the Report and Recommendation of United States Magistrate
15 Judge Mary Alice Theiler. It is therefore ORDERED:
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(1)

The Court adopts the Report and Recommendation 1;

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1

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The court provides one clarification. In an unpublished decision, the Ninth Circuit opined that
evidence from the development period is not required in order to establish that the impairment began
before the end of the developmental period. Hernandez v. Astrue, 380 Fed. Appx. 699, 2010 WL
2171012, *1 (June 15, 2010) (unpublished). Rather, the agency may use its judgment when current
evidence allows it to infer when the impairment began. Id. Nevertheless, the court agrees that the
relevant timeframe for the subaverage intellectual functioning with deficits in adaptive functioning is
before the age of 22, and the first prong of Listing 12.05C does not require consideration of a claimant’s
current adaptive functioning. See Kennedy v. Colvin, 738 F.3d 1172, 1176 (9th Cir. 2013) (“Listing
12.05C has three main components: (1) subaverage intellectual functioning with deficits in adaptive
functioning initially manifested before age 22; (2) an IQ score of 60 to 70; and (3) a physical or other
mental impairment causing an additional and significant work-related limitation.”).

ORDER OF REMAND FOR PAYMENT OF BENEFITS
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(2)

The Court REMANDS this matter for payment of benefits; and

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(3)

The Clerk shall direct copies of this Order to all counsel and to Judge Theiler.

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DATED this 18th day of June, 2014.

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A
The Honorable Richard A. Jones
United States District Judge

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ORDER OF REMAND FOR PAYMENT OF BENEFITS
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