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ARMSTRONG v. COLVIN, C14-921-JLR-BAT. (2015)

Court: District Court, D. Washington Number: infdco20150320a18 Visitors: 1
Filed: Mar. 05, 2015
Latest Update: Mar. 05, 2015
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . Plaintiff appeals the denial of his applications for disability benefits. Dkt. 3. The parties stipulate the case should be reversed and remanded. Dkt. 19. The Court has considered the stipulation and the record and recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. 405(g). On remand, the Administrative Law Judge ("ALJ") will further evaluate the medical opinion evidence, including the opinions
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REPORT AND RECOMMENDATION

Plaintiff appeals the denial of his applications for disability benefits. Dkt. 3. The parties stipulate the case should be reversed and remanded. Dkt. 19. The Court has considered the stipulation and the record and recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g).

On remand, the Administrative Law Judge ("ALJ") will further evaluate the medical opinion evidence, including the opinions of John Lowry, D.O., Victoria McDuffee, Ph.D., and David Widlan, Ph.D., which all support a finding that plaintiff had more restrictive limitations than those identified in the decision's residual functional capacity. The ALJ will reevaluate plaintiff's credibility. The ALJ will reevaluate plaintiff's residual functional capacity. At step five, the ALJ will also obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the occupational base.

The parties further stipulate that Mr. Armstrong will be entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412, upon proper request to the Court.

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

Source:  Leagle

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