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Wright v. Colvin

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

May 6, 2014

BONITA K. WRIGHT, Plaintiff,
v.
CAROLINE W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

KAREN L. STROMBOM, Magistrate Judge.

This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W. v. Weber , 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for remand. (ECF 18). After reviewing the parties' stipulated motion and the remaining record, the undersigned recommends that the Court grant the parties' motion, and remand this matter to the Commissioner for further proceedings.

This Court recommends that on remand, a de novo hearing should be held. The Administrative Law Judge (ALJ) will reassess the severity of the claimant's impairments, including her alcohol abuse, consider whether the claimant's substance abuse is material; seek testimony from a consultative examiner or a medical expert if necessary; give further consideration to the medical opinions of record, and articulate what weight is given to each; reevaluate the claimant's residual functional capacity assessment; reassess the claimant's credibility as set forth in SSR 96-7p; and if necessary, reassess steps four and five with the assistance of a vocational expert.

That this case be reversed and remanded on the above grounds pursuant to sentence four of 42 U.S.C. § 405(g), and Plaintiff is entitled to reasonable attorney's fees and costs pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court.

Given the fact of the parties' stipulation, the Court recommends that the District Judge immediately approve this Report and Recommendation and order the case REVERSED and REMANDED. A proposed order accompanies this Report and Recommendation.


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