Scalf v. Colvin

Filing 27

REPORT AND RECOMMENDATIONS by Hon. James P. Donohue, re 5 Complaint filed by Phoebe J Scalf. Noting Date 6/13/2017. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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PHOEBE J. SCALF,

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Case No. C16-5774-BHS-JPD

Plaintiff,
REPORT AND RECOMMENDATION
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff brought this action to seek judicial review of the denial of her application for

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disability benefits by the Commissioner of the Social Security Administration. Dkt. 5. The

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parties have stipulated that this case should be reversed and remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 26.

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Based on the stipulation of the parties, the Court recommends that this case be

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REVERSED and REMANDED for further administrative proceedings before an Administrative

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Law Judge (“ALJ”), including a de novo hearing. On remand, the ALJ shall provide plaintiff

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with an opportunity for a hearing; reevaluate the medical evidence of record, including reviewing

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the record for any chronic problems in plaintiff’s vision, memory and mood; reevaluate how the

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combination of claimant’s impairments affect her ability to maintain concentration, persistence,
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or pace; reassess her residual functional capacity; reevaluate claimant’s past work and determine

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whether it meets the requirements of recency, income, and duration, in order to be considered

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past relevant work (20 C.F.R. § 416.965(a)); if applicable, evaluate whether the claimant could

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still perform past relevant work pursuant to 20 C.F.R. § 416.968 and Social Security Ruling 82-

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41; and determine whether she acquired skills from past relevant work that can be transferred to

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other work in the national economy (20 C.F.R. §§ 416.966, 416.968), with little or no

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adjustment; obtaining vocational expert testimony about the transferability of skills and any

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vocational adjustment required, as necessary; obtaining other supplemental vocational evidence,

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as necessary; and issue a new decision.

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Because the parties have stipulated that the case be remanded as set forth above, the

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Court recommends that United States District Judge Benjamin H. Settle immediately approve

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this Report and Recommendation. The Clerk should note the matter for June 13, 2017 as ready

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for Judge Settle’s consideration. A proposed order accompanies this Report and

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Recommendation.

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DATED this 13th day of June, 2017.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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