Wood v. Astrue

Full title: CINDY L. WOOD, Plaintiff, v. MICHAEL ASTRUE, Commissioner of the Social…

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

Date published: Mar 3, 2011

Case No. C10-1244-RSM-BAT (W.D. Wash. Mar. 3, 2011)

Opinion

Case No. C10-1244-RSM-BAT.

March 3, 2011

REPORT AND RECOMMENDATION

BRIAN TSUCHIDA, Magistrate Judge

Cindy L Wood brought an action seeking review of the denial of her application for Supplemental Security Income and Disability Insurance Benefits by the Commissioner of the Social Security Administration. Dkt. 3. The parties stipulate the case should be remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings, including, but not limited to, the following actions. Dkt. 25.

The parties stipulate that upon remand, the Administrative Law Judge ("ALJ") will further evaluate Ms. Wood's mental impairments and will obtain evidence from a medical expert who is a mental health professional; the ALJ will further consider Ms. Wood's subjective complaints;, the ALJ will further consider Ms. Wood's residual functional capacity; the ALJ will further consider Edith Wood's lay witness statements (Tr. 141-42, 440-48); the ALJ will further evaluate all of the medical evidence, particularly the opinions of Dr. Hall (Tr. 198-202), Dr. Fitz (Tr. 204-08), Dr. Bartlett (Tr. 224-29), and Dr. Lind (Tr. 367-72, 553-56); and the ALJ will obtain the additional vocational expert testimony as ordered by the District Court.

The parties stipulate that this case be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g).

Having reviewed the pleadings and the administrative record, the Court recommends the case be REVERSED and REMANDED for further administrative proceedings as set forth above. As the parties stipulate to remand, the Court recommends if this recommendation is adopted, that it be approved immediately. A proposed order accompanies this Report and Recommendation.

DATED this 3rd day of March, 2011.

ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS

The Court, after careful consideration of the plaintiff's complaint, the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation.

(2) The final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.

(3) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.

DATED this _____ day of ____________, 2011.

JUDGMENT IN A CIVIL CASE

Jury Verdict. X Decision by Court.

___ This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. This action came to consideration before the Court. The issues have been considered and a decision has been rendered. THE COURT HAS ORDERED THAT:

The Report and Recommendation is adopted and approved. The final decision of the Commissioner is REVERSED and the case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the Report and Recommendation.

Dated this _____ day of _______________________, 20_____.