Murray v. Colvin

Filing 28

ORDER GRANTING Commissioners 22 Motion to Remand, filed on 12/16/13. The decision of the Commissioner is reversed and the case is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405( g). The Appeals Council will remand the matter to an Administrative Law Judge (ALJ) to develop the record further and arrive at a new decision. The Appeals Council will direct the ALJ to: give Plaintiff an opportunity for a hearing; obtain additional evidence relevant to the period at issue; re-evaluate the residual functional capacity; and determine whether Plaintiff can perform her past relevant work. The Commissioners re-evaluation is limited to the petitioners claim to disability benefits for the period between 7/1/06 and 2/19/10. The Clerk of the Court is instructed to enter judgment accordingly and close this case. Signed by Magistrate Judge Leslie A Bowman on 6/10/14.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Carolyn W. Colvin, Acting Commissioner)
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of Social Security,
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Defendant.
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Teena Lynne Murray,

No. CIV 13-235-TUC-LAB
ORDER

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Pending before the court is the Commissioner’s motion to remand filed on December 16,
2013. (Doc. 22)

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The plaintiff filed this action for review of the final decision of the Commissioner for

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Social Security pursuant to 42 U.S.C. § 405(g). (Doc. 1) In the pending motion, the

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Commissioner moves that this court remand the action for further proceedings pursuant to

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sentence four of 42 U.S.C. § 405(g). (Doc. 22)

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The Magistrate Judge presides over this case pursuant to 28 U.S.C. § 636(c) having
received the written consent of both parties. See FED.R.CIV.P. 73; (Doc. 10)

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Discussion

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On April 9, 2013, the plaintiff, Teena Lynne Murray, filed this action for review of the

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final decision of the Commissioner for Social Security denying her claim to disability insurance

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benefits. (Doc. 1) She filed her opening brief on October 15, 2013. (Doc. 18) Along with her

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brief, she submitted additional evidence for the court’s consideration. Id. Apparently, after her

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claim was denied on February 19, 2010 by Administrative Law Judge (ALJ) Milan Dostal, she

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filed a subsequent application for disability benefits, which was granted by a different ALJ.

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(Doc. 18-1)

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On December 16, 2013, the Commissioner filed the pending motion to remand the action

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pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 22) She concedes the Residual

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Functional Capacity (RFC) assessment performed by ALJ Dostal was error. The subsequent

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hypothetical given by the ALJ to the vocational expert was also error.

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The Commissioner moves that this court remand the case to allow the ALJ to take

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additional evidence, hold another hearing, reevaluate the claimant’s RFC, and revisit his

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decision that Murray can perform past work. (Doc. 22, p. 2)

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Murray, however, opposes remand for further administrative proceedings because she

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thinks the case should be remanded for payment of benefits. Murray believes the ALJ failed

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to properly evaluate the opinion of the treating doctors and her own subjective testimony of

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disability. (Doc. 26) If this evidence were credited as true, she argues, the case would be

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remanded for payment of benefits, not for further proceedings.

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additional evidence that she submitted along with her opening brief further supports the opinion

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of her treating doctors.

Moreover, she argues the

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In general, if the court finds the decision of the ALJ denying benefits was error, the court

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may remand for payment of benefits rather than for further proceedings, provided “the record

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has been developed fully and further administrative proceedings would serve no useful

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purpose.” Strauss v. Commissioner of the Social Sec. Admin., 635 F.3d 1135, 1138 (9th Cir.

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2011). If, however, “enhancement of the record would be useful,” the court may remand for

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further administrative proceedings. Id.

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Here, Murray argues the ALJ erred by discounting the opinion of her treating doctors and

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her subjective testimony of disability. Murray supports her argument, however, with evidence

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that postdates the decision of the ALJ. This evidence cannot be considered unless the action
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is remanded to allow the new evidence to be incorporated into the administrative record. See

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42 U.S.C. § 405(g); Liaga v. Astrue, 2009 WL 2355762, 1 (C.D.Cal. 2009) (“[T]he Court

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lacks jurisdiction to reverse the Commissioner’s decision based on evidence that is not part of

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the administrative record.”). Accordingly, the court finds that “enhancement of the record

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would be useful” and therefore “[r]emand for further administrative proceedings is appropriate.”

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See Strauss, 635 F.3d at 1138. Accordingly,

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IT IS ORDERED that the Commissioner’s motion to remand filed on December 16, 2013

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is GRANTED. (Doc. 22) The decision of the Commissioner is reversed and the case is

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remanded to the Commissioner for further administrative proceedings pursuant to sentence four

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of 42 U.S.C. § 405(g).

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The Appeals Council will remand the matter to an Administrative Law Judge (ALJ) to

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develop the record further and arrive at a new decision. The Appeals Council will direct the ALJ

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to: give Plaintiff an opportunity for a hearing; obtain additional evidence relevant to the period

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at issue; reevaluate the residual functional capacity; and determine whether Plaintiff can

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perform her past relevant work.

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The Commissioner’s reevaluation is limited to the petitioner’s claim to disability benefits

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for the period between July 1, 2006 and February 19, 2010. The Clerk of the Court is instructed

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to enter judgment accordingly and close this case.

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DATED this 10th day of June, 2014.

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