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Lynette M. S. v. Commissioner of Social Security, 2:17-CV-00388-SMJ. (2019)

Court: District Court, D. Washington Number: infdco20190103c49 Visitors: 4
Filed: Jan. 02, 2019
Latest Update: Jan. 02, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION TO CLOSE FILE SALVADOR MENDOZA, JR. , District Judge . Before the Court, without oral argument, is Magistrate Judge Rodgers's December 13, 2018 Report and Recommendation, ECF No. 13, recommending that summary judgment be granted in Plaintiff's favor. The period for filing objections has passed and no party has objected. After reviewing the Report and Recommendation and relevant authorities, the Court finds that Magistrate Judge Rodgers's findings are
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ORDER ADOPTING REPORT AND RECOMMENDATION TO CLOSE FILE

Before the Court, without oral argument, is Magistrate Judge Rodgers's December 13, 2018 Report and Recommendation, ECF No. 13, recommending that summary judgment be granted in Plaintiff's favor. The period for filing objections has passed and no party has objected. After reviewing the Report and Recommendation and relevant authorities, the Court finds that Magistrate Judge Rodgers's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety.

Accordingly, IT IS HEREBY ORDERED:

1. The Report and Recommendation, ECF No. 13, is ADOPTED in its entirety. 2. Plaintiff's Motion for Summary Judgment, ECF No. 10, is GRANTED. 3. The Commissioner's Motion for Summary Judgment, ECF No. 12, is DENIED. 4. The Court enters JUDGMENT in favor of Plaintiff REMANDING this matter to the Commissioner for further proceedings consistent with this Order pursuant to sentence four of 42 U.S.C. § 405(g). A. The ALJ shall determine whether, and if so when, medical improvement occurred; properly address the opinion of the medical expert Dr. Thompson; properly consider Plaintiff's symptom statements; and make a new residual functional capacity determination if medical improvement is established. The ALJ shall supplement the record with any outstanding evidence and call a vocational expert to testify at the remand proceedings. 5. All hearings and other deadlines are STRICKEN. 6. The Clerk's office is directed to CLOSE this case.

IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel.

Source:  Leagle

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