Summary
ordering the ALJ to credit as true where claimant was 52 years old and his claim was pending for six years
Summary of this case from Maria C. v. SaulOpinion
Case No. ED CV 16-1774 FMO (MRW)
07-19-2018
J. SANTOS FIGUEROA SANCHEZ, Plaintiff, v. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
JUDGMENT
Pursuant to the Order Adopting in Part and Rejecting in Part Report and Recommendation of United States Magistrate Judge, IT IS ADJUDGED that the decision of the Commissioner denying benefits is reversed, and the action is remanded to the Commissioner for further proceedings. On remand, the Commissioner shall: (1) reassign the case to another Administrative Law Judge ("ALJ"); (2) credit plaintiff's testimony; (3) credit the opinions of plaintiff's treating physicians, including the opinion of the Dr. R. Puri; and (4) allow plaintiff to supplement the medical record if he wishes to. The ALJ shall then reassess plaintiff's residual functional capacity and proceed through step four and, if necessary, step five to determine what work, if any, plaintiff is capable of performing. Within the foregoing analysis, the ALJ shall consider whether plaintiff meets any applicable listings (e.g., 1.04, 12.04 and 12.06) and, with the assistance of a vocational expert, analyze the physical and mental demands of plaintiff's past relevant work. Dated this 19th day of July, 2018.
/s/_________
Fernando M. Olguin
United States District Judge