Cravens v. Astrue

2:12-cv-01426 | W.D. Wash. | Jan 7, 2013

Case 2:12-cv-01426-JCC Document 17 Filed 01/07/13 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE DAVID ALLEN CRAVENS, ) ) CASE NO. C12-1426-JCC-MAT Plaintiff, ) ) v. ) ) REPORT AND RECOMMENDATION MICHAEL ASTRUE, ) Commissioner of Social Security, )

) Defendant. ) ____________________________________ ) Plaintiff brought this action to seek judicial review of the denial of his application for Supplemental Security Income and Disability Insurance Benefits 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. 16.)

Based on the stipulation of the parties, the Court recommends this case be REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of § 405(g). The parties stipulate that, on remand, the Administrative Law Judge will: (1) address all of plaintiff’s medical conditions, including his asthma, and give specific attention to the evidence REPORT AND RECOMMENDATION PAGE -1

Case 2:12-cv-01426-JCC Document 17 Filed 01/07/13 Page 2 of 2 in exhibits 3F, 7F, 15F, and 18F; (2) provide plaintiff the opportunity to give testimony and, if necessary, obtain vocational expert testimony at steps four and five of the sequential evaluation; and (3) issue a new decision. Upon proper presentation, the Court will consider plaintiff's application for attorney fees.
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.
DATED this 7th day of January, 2013.

A

Mary Alice Theiler United States Magistrate Judge

REPORT AND RECOMMENDATION

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