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Dyer v. Colvin

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

March 26, 2014

GLORIA DYER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

Gloria Dyer brought an action seeking review of the denial of her application for supplemental security income payments. Dkt. 3. The parties have filed a stipulated motion to reverse and remand the case, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. Dkt. 27.

On remand the Administrative Law Judge ("ALJ") should:

(1) Hold a de novo hearing and issue a new decision on Ms. Dyer's claim;
(2) Reevaluate the opinion of Dr. Gaffield;
(3) Reassess Ms. Dyer's credibility, residual functional capacity ("RFC"), and step 5 findings as necessary;

The parties stipulate that Ms. Dyer is entitled to reasonable attorney fees, expenses, 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 REMANDED 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 26, 2014, as ready for the District Judge's review.


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