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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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4 GLORIA WINLAND,
Plaintiff,

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CASE NO. C13-5778 BHS-JRC
ORDER ADOPTING REPORT
AND RECOMMENDATION

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7 CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
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Defendant.

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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:
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(1)

The Court adopts the R&R.

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(2)

The matter is REMANDED pursuant to sentence six of 42 U.S.C. § 405(g)

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to the Commissioner for a de novo hearing;

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(3)

This Court retains jurisdiction over this action;

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(4)

After remand, the Commissioner of Social Security shall modify or affirm

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the Commissioner’s findings of fact or the Commissioner’s decision, or

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both, and shall file with the Court any such additional or modified findings

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of fact and decision;

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ORDER

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(5)

If the outcome still is not fully favorable to Plaintiff, the Commissioner

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shall file with the Court a transcript of the additional record and testimony

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on which the Commissioner’s action in modifying or affirming is based,

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and plaintiff may seek judicial review by reinstating this case rather than by

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filing a new complaint; and

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(6)

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If the outcome is favorable to Plaintiff, the parties shall move this Court for
entry of Judgment.

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Dated this 25th day August, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER