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Rodarte v. Colvin

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

September 30, 2014

LISA L. RODARTE, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

MARY ALICE THEILER, Chief Magistrate Judge.

Plaintiff brought this action to seek judicial review of the denial of an application for disability benefits by the Commissioner of the Social Security Administration. The parties now stipulate this case should be reversed and remanded for further proceedings. (Dkt. 24.)

Based on the stipulation of the parties, the Court recommends this case be REVERSED and REMANDED for a de novo hearing and further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, this case will be assigned to a new Administrative Law Judge (ALJ) who shall: (1) reevaluate the materiality of plaintiff's substance abuse and provide rationale that explains the periods of sobriety and the mental impairments that were present during that time; (2) re-evaluate all severe impairments, including plaintiff's alleged fetal alcohol syndrome; (3) reconsider the medical evidence of record, specifically the opinions of Drs. Bledsoe, Dees, and McDuffee, provide the weight accorded to the opinions, and, if rejecting the opinions, provide specific and legitimate reasons for doing so; (4) reassess plaintiff's residual functional capacity; (5) reevaluate plaintiff's credibility and subjective complaints; and (6) obtain supplemental vocational expert testimony to determine what impact, if any, plaintiff's impairments would have on her ability to perform work-related activities at steps four and five of the sequential evaluation process. Also, upon proper request, plaintiff may be entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412.

The Court recommends that United States District Judge John C. Coughenour immediately approve this Report and Recommendation and order the case REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A proposed order accompanies this Report and Recommendation.


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