Garcia v. Commissioner of Social Security

Filing 12

ORDER DISCHARGING 10 the Order to Show Cause Dated December 17, 2014, signed by Magistrate Judge Jennifer L. Thurston on 12/23/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL GARCIA,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

) Case No.: 1:14-cv-01744 - JLT
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) ORDER DISCHARGING THE ORDER TO SHOW
) CAUSE DATED DECEMBER 17, 2014
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On December 17, 2014, the Court found it was not clear from the pleadings that Plaintiff had

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exhausted his administrative remedies, thereby giving the Court jurisdiction to review the decision of

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the administrative law judge (“ALJ”). (Doc. 10.) In the First Amended Complaint, Plaintiff alleged

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that an ALJ issued a decision denying his application for benefits on July 23, 2014. (Doc. 4 at 4.)

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Further, Plaintiff alleged that “[t]he decision of the ALJ became the final decision of the Commissioner

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on September 21, 2014.” (Id.) Noting that Plaintiff did not allege that he requested review by the

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Appeals Council, the Court issued an order to show cause to Plaintiff why the action should not be

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dismissed for his failure to exhaust administrative remedies. (Doc. 10 at 2-3.)

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Plaintiff filed a timely response to the Court’s order on December 22, 2014, informing the Court

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for the first time that his claim for benefits was before the ALJ pursuant to a remand ordered by the

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District Court in Garcia v. Colvin, case number 1:11-cv-01965-SKO. (Doc. 11 at 2.) Importantly,
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decisions issued upon remand are not governed by the same regulations or administrative remedies.

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See 20 C.F.R. §§ 404.983, 404.984. If a claimant does not file an exception disagreeing with the ALJ

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and the Appeals Council does not assume jurisdiction over the decision, the ALJ’s written decision is a

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“final decision of the Commissioner after remand.” 20 C.F.R. §§ 404.984(d).

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In light of the new information regarding the decision rendered by the ALJ upon remand, the
Court’s order to show cause dated December 17, 2014 (Doc. 10) is DISCHARGED.

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IT IS SO ORDERED.
Dated:

December 23, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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