Elawyers Elawyers
Washington| Change

BROWN v. ASTRUE, C11-1508-RSM-BAT. (2012)

Court: District Court, D. Washington Number: infdco20120323d38 Visitors: 5
Filed: Mar. 21, 2012
Latest Update: Mar. 21, 2012
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA, Magistrate Judge. Clayton Lee Brown seeks review of the denial of his Supplemental Security Income and Disability Insurance Benefits applications. Dkt. 1. The parties stipulate the case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). Dkt. 20. The parties further stipulate that: (1) On remand, the Administrative Law Judge ("ALJ") shall allow plaintiff an opportunity to submit an
More

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Clayton Lee Brown seeks review of the denial of his Supplemental Security Income and Disability Insurance Benefits applications. Dkt. 1. The parties stipulate the case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dkt. 20. The parties further stipulate that:

(1) On remand, the Administrative Law Judge ("ALJ") shall allow plaintiff an opportunity to submit any additional evidence. The ALJ shall re-evaluate the medical source opinions of record, including the opinions of Victoria McDuffee, Ph.D. and Wayne C. Dees, Psy.D. The ALJ shall evaluate the severity of plaintiff's cervical spine impairment and, if necessary and available, obtain testimony from a medical expert specializing in psychiatry to clarify the nature and severity of plaintiff's mental impairments. The ALJ shall also re-evaluate plaintiff's credibility and residual functional capacity. Finally, if warranted by the expanded record, the ALJ shall obtain supplemental evidence from a vocational expert.

(2) Plaintiff is entitled to reasonable attorney fees pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court.

Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that United States District Judge Ricardo S. Martinez immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings. A proposed order accompanies this Report and Recommendation.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer