Celallos v. Commissioner of Social Security

Filing 26

FINAL JUDGMENT AND ORDER regarding Plaintiff's Social Security Complaint; Court GRANTS Plaintiff's appeal from the Administrative Decision of the Commissioner of Social Security and the case is Remanded to the Social Security Administration for Calculation and Award of Benefits; ORDER DIRECTING to enter Judgment In Favor of Plaintiff and Against Defendant Commissioner of Social Security, signed by Magistrate Judge Erica P. Grosjean on 08/15/17. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONOR CELALLOS, Plaintiff, 12 v. 13 14 Case No. 1:16-cv-00120-EPG FINAL JUDGMENT AND ORDER REGARDING PLAINTIFF’S SOCIAL SECURITY COMPLAINT COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 This matter is before the Court on Plaintiff’s complaint for judicial review of an 18 unfavorable decision of the Commissioner of the Social Security Administration regarding his 19 applications for supplemental security income and disability insurance benefits. The parties have 20 consented to entry of final judgment by the United States Magistrate Judge under the provisions 21 of 28 U.S.C. § 636(c) with any appeal to the Court of Appeals for the Ninth Circuit. (ECF Nos. 7, 22 9.) 23 At the hearing on August 15, 2017, the Court heard from the parties and, having reviewed 24 the record, administrative transcript, the briefs of the parties, and the applicable law, finds as 25 follows: 26 For the reasons announced by the Court on the record at the conclusion of the parties’ oral 27 argument on August 15, 2017, the Court finds that the decision of the Commissioner of Social 28 Security should be reversed and the case should be remanded for award of benefits. See Garrison 1 1 v. Colvin, 759 F. 3d 995, 1021-22 (9th Cir. 2014) (providing that remand for award of benefits is 2 appropriate where there is no need to further develop the record, the ALJ failed to provide legally 3 sufficient reasons for rejecting evidence, the ALJ would have to find disability if the improperly 4 discredited evidence were credited as true, and record afforded no reason to doubt that claimant 5 was disabled). 6 Accordingly, the Court GRANTS Plaintiff’s appeal from the administrative decision of 7 the Commissioner of Social Security and the case is remanded to the Social Security 8 Administration for calculation and award of benefits. The Clerk of the Court is DIRECTED to 9 enter judgment in favor of Plaintiff and against Defendant Commissioner of Social Security. 10 IT IS SO ORDERED. 11 12 Dated: August 15, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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