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Phillips v. Colvin

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

November 6, 2014

SUSAN JEAN PHILLIPS, 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. 20.)

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, the Administrative Law Judge (ALJ) shall: (1) obtain additional evidence and give plaintiff an opportunity for a hearing; (2) evaluate the medical evidence, including treatment notes from the treating sources; (3) evaluate plaintiff's subjective complaints during the entire period at issue and provide rationale in accordance with the disability regulations pertaining to evaluation of symptoms; (4) further evaluate the State agency psychological consultants' opinions; (5) reassess residual functional capacity; and (6) obtain evidence from a vocational expert to clarify the effect of the assessed limitations on plaintiff's occupational base. 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 Richard A. Jones 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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