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Sanchez v. Berryhill

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jul 19, 2018
Case No. ED CV 16-1774 FMO (MRW) (C.D. Cal. Jul. 19, 2018)

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. Saul

Opinion

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


Summaries of

Sanchez v. Berryhill

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jul 19, 2018
Case No. ED CV 16-1774 FMO (MRW) (C.D. Cal. Jul. 19, 2018)

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. Saul

In Sanchez, the ALJ similarly noted that the claimant was able to testify during the hearing and able to adhere to proper hearing decorum in support of the conclusion that the claimant was only mildly limited in social functioning.

Summary of this case from Argabright v. Saul

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 Hector C. v. Saul

ordering the ALJ to credit as true where claimant was 52 years old and his claim was pending for 6 years

Summary of this case from Ward T. v. Saul
Case details for

Sanchez v. Berryhill

Case Details

Full title:J. SANTOS FIGUEROA SANCHEZ, Plaintiff, v. NANCY A. BERRYHILL, COMMISSIONER…

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jul 19, 2018

Citations

Case No. ED CV 16-1774 FMO (MRW) (C.D. Cal. Jul. 19, 2018)

Citing Cases

Ward T. v. Saul

There the claimant was 58 years old and her claim had been pending for approximately 7 years. Id.; see also…

Maria C. v. Saul

Even if there were outstanding issues to be resolved, the credit-as-true rule could be applied based on…