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Coad v. Colvin

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

March 10, 2014

MICHELLE LYNN COAD, Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Michelle Lynn Coad brought an action seeking review of the denial of her applications for Disability Insurance Benefits and Supplemental Security Income. Dkt. 3. The Commissioner has filed a stipulated motion to remand the case, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings.

On remand, the Administrative Law Judge ("ALJ") will hold a de novo hearing, update the medical record, and issue a new decision. The ALJ will also:

(1) Evaluate the "other source" opinions in accordance with 20 C.F.R. §416.927 and Social Security Ruling 06-03p, and if rejecting the opinions, provide reasons germane to the "other sources" for doing so;
(2) Further evaluate plaintiff's residual functional capacity; and
(3) If warranted, determine whether plaintiff can perform other occupations in the national economy.

The parties stipulate plaintiff is entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412, upon proper request to this Court.

The Court has reviewed the motion and record, and recommends the case be REVERSED and for further administrative proceedings pursuant to the terms of the parties' stipulated motion. As the parties stipulate to remand, the Court recommends if this recommendation is adopted, that it be approved immediately. A proposed order accompanies this Report and Recommendation.

The Clerk shall note the matter for March 10, 2014 as ready for the District Judge's review.


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