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Shera L.B. v. Commissioner of Social Security, C18-5938-BHS-MLP. (2019)

Court: District Court, D. Washington Number: infdco20190508g72 Visitors: 6
Filed: Apr. 30, 2019
Latest Update: Apr. 30, 2019
Summary: REPORT AND RECOMMENDATION BENJAMIN H. SETTLE , Magistrate Judge . Plaintiff brought this action to seek judicial review of the denial of her application for disability benefits by the Commissioner of the Social Security Administration. (Dkt. # 6.) The parties have stipulated that this case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Dkt. # 17.) Based on the stipulation of the parties, the Court recommends that thi
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REPORT AND RECOMMENDATION

Plaintiff brought this action to seek judicial review of the denial of her application for disability benefits by the Commissioner of the Social Security Administration. (Dkt. # 6.) The parties have stipulated that this case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. # 17.)

Based on the stipulation of the parties, the Court recommends that this case be REVERSED and REMANDED for further administrative proceedings before an Administrative Law Judge ("ALJ"). On remand, the Appeals Council will direct the ALJ to obtain evidence from a medical expert, if available, to clarify the nature and severity of the Plaintiff's impairments; reassess the medical opinions of Dr. Fisher, Dr. Bowes, Dr. Wingate, and Dr. Gallagher, and explain the weight, if any, afforded to each; reconsider the Plaintiff's symptoms; reassess the Plaintiff's residual functional capacity; further evaluate whether the Plaintiff can perform the physical and mental demands of her past relevant work, and proceed with the sequential evaluation, as necessary.

Upon proper presentation, this Court will consider Plaintiff's application for costs and attorney's fees under 28 U.S.C. § 2412 and costs pursuant to 28 U.S.C. § 1920.

Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that the Honorable Benjamin H. Settle immediately approve this Report and Recommendation. The Clerk should note the matter for April 30, 2019 as ready for Judge Settle's consideration. A proposed order accompanies this Report and Recommendation.

ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS

The Court, after careful consideration of the Plaintiff's complaint, the Report and Recommendation of the Honorable Michelle L. Peterson, and the balance of the record, does hereby find and ORDER:

(1) The Court adopts and approves the Report and Recommendation.

(2) The final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.

(3) The Clerk of the Court is directed to send copies of this Order to the parties.

DATED This ___ Day of April, 2019. ____________________________ BENJAMIN H. SETTLE United States District Judge

JUDGMENT IN A CIVIL CASE

___ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.

THE COURT HAS ORDERED THAT

The Report and Recommendation is adopted and approved. The final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.

Dated this __ day of ___________, 2019. WILLIAM M. McCOOL _________________________ Clerk __________________________ Deputy Clerk
Source:  Leagle

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