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Johnson v. Colvin

United States District Court, W.D. Washington, Seattle

January 30, 2014

TRIGVE A JOHNSON, Plaintiff,
v.
CAROLYN COLVIN, Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Based on the parties stipulated motion to reverse and remand the case for further administrative proceedings, Dkt. 27, the Court recommends the case be REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. The Court recommends that on remand, the Administrative Law Judge shall:

(1) Reevaluate the opinion of Thomas L. Gritzka, M.D.;
(2) Include all unrejected work related limitations in the RFC finding;
(3) Re-assess the claimant's credibility; and
(4) Issue a new decision.

A de novo hearing is not required; however, plaintiff may demonstrate to the Administrative Law Judge that the facts of the case warrant another hearing.

The parties also agree that reasonable attorney fees should be awarded, upon proper application, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.

Because the parties have stipulated that the case be remanded as set forth above, the Court recommends that United States District Judge Richard A. Jones 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.


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