Anderson v. Astrue
Filing
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REPORT AND RECOMMENDATIONS re 18 MOTION to Remand (Stipulated) filed by Michael J Astrue. Signed by Magistrate Judge Karen L Strombom. (CMG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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LINDA M. ANDERSON
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Case No. 12-5253 RBL-KLS
Plaintiff,
REPORT AND RECOMMENDATION
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
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This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
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§ 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W.
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v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the stipulated motion for
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remand. (ECF 18). After reviewing the parties’ stipulated motion and the remaining record, the
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undersigned recommends that the Court grant the parties’ motion, and remand this matter to the
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Commissioner for further proceedings.
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This Court recommends that on remand, the ALJ shall re-assess the May 2010 opinion of
William F. Roes, M.D. (Tr. 568-69), state the specific weight given to the opinion, and give
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appropriate rationale as to why it is accepted or rejected. The ALJ shall also re-assess Plaintiff’s
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credibility and the treatment notes of Michael J. Martin, M.D. The ALJ shall also obtain
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evidence from a medical expert to address the nature and severity of Plaintiff’s impairments and
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whether they meet or equal a listing, particularly Listing 1.04. Finally, the ALJ shall evaluate the
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REPORT AND RECOMMENDATION - 1
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third party statements of Daniel Anderson (Tr. 556-60) and Victoria Krause (Tr. 562-66) in
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accordance with Social Security Ruling 06-03p.
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Plaintiff is entitled to reasonable attorney fees and costs pursuant to 28 U.S.C. § 2412,
upon proper request to this Court.
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Given the fact of the parties’ stipulation, the Court recommends that the District Judge
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immediately approve this Report and Recommendation and order the case REVERSED and
REMANDED. A proposed order accompanies this Report and Recommendation.
DATED this 14th day of November, 2012.
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A
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Karen L. Strombom
United States Magistrate Judge
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REPORT AND RECOMMENDATION - 2
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