Marquez v. Commissioner of Social Security

Filing 24

FINAL JUDGMENT and ORDER Regarding Plaintiff's Social Security Complaint 1 , signed by Magistrate Judge Erica P. Grosjean on 5/4/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NANCY MARQUEZ,
Plaintiff,

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v.

Case No. 1:15-cv-01822-EPG
FINAL JUDGMENT AND ORDER
REGARDING PLAINTIFF’S SOCIAL
SECURITY COMPLAINT

COMMISSIONER OF SOCIAL
SECURITY,
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 benefits. The parties have consented to entry of

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final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c)

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with any appeal to the Court of Appeals for the Ninth Circuit. (ECF Nos. 6, 8.)

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At the hearing on May 4, 2017, the Court heard from the parties and, having reviewed the

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record, administrative transcript, the briefs of the parties, and the applicable law, 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 May 4, 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 found that Plaintiff was capable of performing her past relevant work

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as a home attendant as actually performed and as generally performed at step four of the five step
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analysis. In making this finding, the ALJ found that Plaintiff had the residual functional capacity

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to perform light work. Both the residual functional capacity finding and testimony from the

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vocational expert assume work performed for 8 hours per day. Evidence in the record, however,

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demonstrated that Plaintiff’s work as a home attendant was performed 10 hours per day and 7

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days per week. Moreover, the Dictionary of Occupational Titles describes the home attendant

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position as requiring medium work. Thus, the ALJ erred in finding that Plaintiff could perform

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her past relevant work as generally performed (because she was only capable of performing light

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work) and as actually performed (because there were no factual findings indicating that Plaintiff

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could work 10 hours per day for 7 days per week).

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Plaintiff also raised two arguments challenging the ALJ’s step two analysis with respect to

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Plaintiff’s mental illness and asthma. The Court did not find any error with respect to the ALJ’s

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analysis on these issues and finds that the ALJ’s analysis was supported by substantial evidence

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in the record.

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On remand, the Administrative Law Judge shall examine the record and determine

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whether Plaintiff is capable of performing her past relevant work, either as generally performed or

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as actually performed. If she is capable of doing so, the ALJ should explain why. If she is not

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capable of doing so, the ALJ should so state and continue with 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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Nancy Marquez 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:

May 4, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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