Opinion
2:18-cv-2191-KJM-KJN
09-29-2021
CHARLES FRENCH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
On October 26, 2020 the magistrate judge filed findings and recommendations (ECF No. 21), which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten (10) days. On November 9, 2020, the Commissioner filed objections to the findings and recommendations (ECF No. 22), to which plaintiff responded (ECF No. 23). The court has carefully considered the parties' filings.
In light of the filings and in accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court also has conducted a de novo review of this case. Having reviewed the file, and pertinent portions of the record, the court finds the findings and recommendations to be supported by the record and by the proper analysis. In particular, the court has reviewed the applicable legal standards and, good cause appearing, concludes it is appropriate to adopt the findings and recommendations as presented in full.
The court clarifies that in remanding the matter for further administrative proceedings the Administrative Law Judge (ALJ) will have the opportunity to consider all information now available on plaintiffs right foot mass, including whatever information has come to light since the ALJ's previous decision. Cf. Clem v. Sullivan, 894 F.2d 328, 332 (9th Cir. 1990) (A claimant may seek remand if “there is new evidence which is material, and [ ] there is good cause for the failure to incorporate such evidence into the record in a prior proceeding.” (quoting 42 U.S.C. § 405(g)). Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations ECF No. 21, are ADOPTED IN FULL;
2. The Commissioner's motion for summary judgment (ECF No. 15) is DENIED;
3. Plaintiffs motion for summary judgment (ECF No. 14) is GRANTED IN PART;
4. This matter is REMANDED for further administrative proceedings; and
5. The Clerk is directed to enter judgment in plaintiffs favor and close the case.