St Martin v. Colvin

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION re 17 Objections to Report and Recommendation filed by Maura St Martin. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MAURA ST. MARTIN,

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Plaintiff,

No. 3:14-CV-05781-RJB-DWC

v.
CAROLYN COLVIN, Acting Commissioner
of Social Security,

ORDER ADOPTING REPORT AND
RECOMMENDATION

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Defendant.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge David

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W. Christel (Dkt. 16), Plaintiff’s objection (Dkt. 17), Defendant’s response (Dkt. 18), and the

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remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation (Dkt. 18), including the
Commissioner’s finding that the awarding Plaintiff benefits without further
proceedings under the credit-as-true rule is not supported by the evidence. Dkt.
18, at 5-7. See Treichler v. Commissioner of Social Sec. Admin., 775 F.3d 1090,
1100 (9th Cir. 2014).

(2)

The ALJ erred as described in the Report and Recommendation, by failing: to
provide a basis for disregarding a portion of Dr. Hoptowit’s medical opinion; to
offer clear, convincing evidence, supported by substantial evidence, for
discrediting Plaintiff; and to make specific findings necessary to ALJ’s conclusion
that Plaintiff possessed transferable skills.

(3)

This action is REVERSED AND REMANDED.

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ORDER ADOPTING REPORT AND RECOMMENDATION- 1

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(3)

The Clerk is directed to send copies of this Order to the parties and to the Hon.
David Christel.

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DATED this 17th day of July, 2015.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION- 2