Dufendach v. Colvin

Filing 30

REPORT AND RECOMMENDATION on the 29 Stipulated MOTION to Remand by Judge Karen L Strombom. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ERIC DUFENDACH,
Case No. 3:13-cv-05477-BHS-KLS

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Plaintiff,
v.

REPORT AND RECOMMENDATION

CAROLYN W. COLVIN, Acting
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
remand. See ECF #29. After reviewing the parties’ stipulated motion and the remaining record,

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the undersigned recommends that the Court grant the parties’ motion, and remand this matter to
the Commissioner for further proceedings.
The undersigned recommends that the above-captioned case be reversed and remanded

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for a de novo hearing and further administrative proceedings pursuant to sentence four of 42

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U.S.C. § 405(g), including but not limited to the following: obtain vocational expert testimony

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at steps four and five of the sequential evaluation process, as necessary, to determine whether

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Plaintiff has acquired transferable work skills from his past relevant work and provide evidence
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in support of that conclusion.
Upon proper presentation, the Court will consider Plaintiff's application for attorney fees
REPORT AND RECOMMENDATION - 1

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under the Equal Access to Justice Act and Section 406(b) of the Social Security Act, if

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appropriate.

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Given the fact of the parties’ stipulation, the undersigned recommends that the District
Judge immediately approve this Report and Recommendation and order the case REVERSED

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and REMANDED. A proposed order accompanies this Report and Recommendation.
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DATED this 14th day of January, 2014.

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A

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Karen L. Strombom
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2