Bell v. Colvin

Filing 28

REPORT AND RECOMMENDATIONS on the 27 MOTION to Remand Stipulated filed by Carolyn Colvin. Noting Date 1/3/2014, signed by Judge Karen L Strombom. (MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KATHY BELL,
Case No. 13-5478 BHS-KLS

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Plaintiff,
v.

REPORT AND RECOMMENDATION

CAROLINE 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

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remand. (ECF 27). After reviewing the parties’ stipulated motion and the remaining record, the
undersigned recommends that the Court grant the parties’ motion, and remand this matter to the

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Commissioner for further proceedings, including a de novo hearing pursuant to sentence four of
42 U.S.C. § 405(g).
This Court recommends that on remand the ALJ shall offer Plaintiff an opportunity for a

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new hearing, update the medical record, and issue a new decision. The ALJ shall also evaluate

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the Plaintiff’s mental impairment pursuant to the special technique described in 20 CFR §§

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404.1520a and 416.920a and proceed through the sequential evaluation process.

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Plaintiff is entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412,
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upon proper request to this Court.

REPORT AND RECOMMENDATION - 1

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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
REMANDED. A proposed order accompanies this Report and Recommendation.
DATED this 3rd 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