Nelson v. Colvin

Filing 20

REPORT AND RECOMMENDATION RE 19 Stipulated Motion to Remand by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CAROL L. NELSON,
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Plaintiff,
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CASE NO. C16-5800-BHS-BAT
REPORT AND RECOMMENDATION

v.
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NANCY A. BERRYHILL,
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Defendant.
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Plaintiff appeals the denial of her applications for disability benefits. Dkt. 3. The parties

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stipulate the case should be reversed and remanded. Dkt. 19. The Court has considered the

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stipulation and the record and recommends the case be REVERSED and REMANDED under

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sentence four of 42 U.S.C. § 405(g).

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On remand, if the Commissioner does not issue a fully favorable decision on the record,

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Plaintiff will have the opportunity for a de novo hearing. If the Appeals Council does not issue a

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fully favorable decision, the Administrative Law Judge will obtain updated treatment records and

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reevaluate the medical evidence to assess whether Plaintiff meets or equals a listing; consider

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Plaintiff’s need for assistive devices and the need to lie down during the day; reevaluate

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Plaintiff’s allegations of symptoms and limitations; and reevaluate the statements of Plaintiff’s

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husband. If needed, the rest of the sequential evaluation process will be conducted.

REPORT AND RECOMMENDATION - 1

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The parties further stipulate that, upon proper application to the Court, Plaintiff shall be
eligible for reasonable attorney fees pursuant to 28 U.S.C. § 2412 et seq.
Because the parties have stipulated the case be remanded as set forth above, the Court

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

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Report and Recommendation and order the case REVERSED and REMANDED for further

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administrative proceedings as set forth above. A proposed order accompanies this Report and

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Recommendation.

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DATED this 1st day of March, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2