Winland v. Berryhill

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 27 Report and Recommendations. (TG)

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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 2 3 4 GLORIA WINLAND, Plaintiff, 5 CASE NO. C13-5778 BHS-JRC ORDER ADOPTING REPORT AND RECOMMENDATION 6 v. 7 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 8 Defendant. 9 10 This matter comes before the Court on the Report and Recommendation (“R&R”) 11 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 27. The Court 12 having considered the R&R and the remaining record, and no objections having been 13 filed, does hereby find and order as follows: 14 (1) The Court adopts the R&R. 15 (2) The matter is REMANDED pursuant to sentence six of 42 U.S.C. § 405(g) 16 to the Commissioner for a de novo hearing; 17 (3) This Court retains jurisdiction over this action; 18 (4) After remand, the Commissioner of Social Security shall modify or affirm 19 the Commissioner’s findings of fact or the Commissioner’s decision, or 20 both, and shall file with the Court any such additional or modified findings 21 of fact and decision; 22 ORDER 1 (5) If the outcome still is not fully favorable to Plaintiff, the Commissioner 2 shall file with the Court a transcript of the additional record and testimony 3 on which the Commissioner’s action in modifying or affirming is based, 4 and plaintiff may seek judicial review by reinstating this case rather than by 5 filing a new complaint; and 6 (6) 7 If the outcome is favorable to Plaintiff, the parties shall move this Court for entry of Judgment. 8 Dated this 25th day August, 2014. A 9 10 BENJAMIN H. SETTLE United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER

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