Frye v. Commissioner of Social Security

Filing 20

FINAL JUDGMENT and ORDER Regarding Plaintiff's Social Security Complaint, signed by Magistrate Judge Erica P. Grosjean on 2/16/17. (CASE CLOSED) (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE DALORIES FRYE,
Plaintiff,

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v.

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Case No. 1:15-cv-01819-EPG
FINAL JUDGMENT AND ORDER
REGARDING PLAINTIFF’S SOCIAL
SECURITY COMPLAINT

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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This matter is before the Court on Plaintiff’s complaint for judicial review of an

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unfavorable decision of the Commissioner of the Social Security Administration regarding her

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application for supplemental security income and disability insurance benefits. The parties have

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consented to entry of final judgment by the United States Magistrate Judge under the provisions

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of 28 U.S.C. § 636(c) with any appeal to the Court of Appeals for the Ninth Circuit. (ECF Nos. 6,

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8.)

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At the hearing on February 15, 2017, the Court heard from the parties and, having

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reviewed the record, administrative transcript, the briefs of the parties, the applicable law, and

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having heard oral argument, finds as follows:

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For the reasons announced by the Court on the record at the conclusion of the parties’ oral

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argument on February 15, 2017, the Court finds that the decision of the Commissioner of Social

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Security should be reversed and the case should be remanded for further proceedings. The
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Administrative Law Judge gave significant weight to the psychiatric evaluation of Plaintiff

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conducted by Lance A. Portnoff, Ph.D., who determined that Plaintiff would have, among other

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limitations: (1) “mild to moderate limitations in her ability to interact with coworkers [and] the

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public”; (2) “moderate limitation in her ability to complete a normal workday or workweek

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without interruptions from a psychiatric condition due to psychiatric symptoms”; and, (3)

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moderate limitations in “[h]er ability to deal with work stress encountered in a competitive work

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environment.”

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The Administrative Law Judge found that Plaintiff had a residual functional capacity to

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engage in “simple, routine tasks,” but this residual functional capacity determination does not

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appear to encompass the above limitations, despite the fact that the Administrative Law Judge

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appears to have adopted them. On remand, the Administrative Law Judge shall examine the

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record with respect to the above limitations to determine whether they should be incorporated into

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the Plaintiff’s residual functional capacity. If they should not be incorporated into the residual

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functional capacity, the Administrative Law Judge should explain why. Alternatively, the

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Administrative Law Judge may reformulate the residual functional capacity to include the

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limitations and continue her analysis using the five step process.

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Accordingly, the Court GRANTS Plaintiff’s appeal from the administrative decision of

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the Commissioner of Social Security and the case is remanded to the Social Security

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Administration. The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiff

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Christine Frye and against Defendant Nancy A. Berryhill, Acting Commissioner of Social

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Security.

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IT IS SO ORDERED.
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Dated:

February 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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