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Dabney v. Colvin

United States District Court, W.D. Washington

December 1, 2014

UNDRA DABNEY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

For Undra Dabney, Plaintiff: M Tha Win, LEAD ATTORNEY, SEATTLE, WA.

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

REPORT AND RECOMMENDATION

Mary Alice Theiler, Chief United States Magistrate Judge.

Plaintiff brought this action to seek judicial review of the denial of her application for Supplemental Security Income (SSI) by the Commissioner of the Social Security Administration. The parties have now stipulated that this case should be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. 23.)

Based on the stipulation of the parties, the Court recommends that this case be REVERSED and REMANDED for further administrative proceedings. The parties have stipulated that, on remand, the Administrative Law Judge (ALJ) will: (1) provide a de novo hearing; (2) further update the medical record; (3) further evaluate all medical source opinions, especially Jessica Yager, M.D.; (4) determine plaintiff's severe impairments; (5) determine plaintiff's residual functional capacity; (6) provide specific reasoning for the weight given to opinion evidence and discuss the evidentiary basis for conclusions; (7) obtain vocational expert testimony; and (8) issue a new decision. Additionally, upon proper application, the Court will consider plaintiff's application for attorney fees and expenses pursuant to 28 U.S.C. § 2412, and costs pursuant to 28 U.S.C. § 1920.

Given the above, 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. A proposed order accompanies this Report and Recommendation.


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