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Beam v. Colvin

United States District Court, W.D. Washington

July 22, 2014

JAMES BEAM, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant

Order Filed: August 21, 2014

Page 1164

For James P Beam, Plaintiff: Christopher H Dellert, DELLERT BAIRD LAW OFFICES, PLLC, SILVERDALE, WA.

For Carolyn Colvin, Acting Commissioner, Social Security Administration, Defendant: Kerry Jane Keefe, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE (SEA), SEATTLE, WA; Leisa Wolf, LEAD ATTORNEY, SOCIAL SECURITY ADMINISTRATION, SEATTLE, WA.

Page 1165

ORDER REVERSING AND REMANDING DEFENDANT'S DECISION TO DENY BENEFITS FOR PAYMENT OF BENEFITS

RONALD B. LEIGHTON, UNITED STATES DISTRICT JUDGE.

The Court, having reviewed plaintiff's complaint, the Report and Recommendation of Judge Karen L. Strombom, United States Magistrate Judge, and objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:

(1) the Court adopts the Report and Recommendation;

(2) the ALJ erred in her decision as described in the Report and Recommendation; and

(3) the matter is therefore REVERSED and remanded to the Commissioner for payment of benefits.

REPORT AND RECOMMENDATION

Karen L. Strombom, United States Magistrate Judge.

Noted for August 15, 2014

Plaintiff has brought this matter for judicial review of defendant's denial of his application for supplemental security income (" SSI" ) benefits. 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, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). After reviewing the parties' briefs and the remaining record, the undersigned submits the following Report and Recommendation for the Court's review, recommending that for the reasons set forth below, defendant's decision to deny benefits should be reversed and this matter should be remanded for payment of benefits.

Page 1166

FACTUAL AND PROCEDURAL HISTORY

On January 2, 2006, plaintiff filed an application for SSI benefits, alleging disability as of January 1, 2000, due to PTSD, depression, dissociative disorder, back pain, and alcohol dependence. See Administrative Record (" AR" ) 15, 117-19, 147. The application was denied upon initial administrative review and on reconsideration. See AR 91-94, 96-98. A hearing was held before an administrative law judge (" ALJ" ) on March 17, 2009, at which plaintiff, ...


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