Odom v. Commissioner of Social Security

Filing 21

FINAL JUDGMENT AND ORDER Regarding Plaintiff's Social Security Complaint signed by Magistrate Judge Erica P. Grosjean on 6/1/2017. CASE CLOSED. Plaintiff's appeal from the administrative decision of the Commissioner of Social Security is GRANTED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT KENNETH ODOM, Plaintiff, 12 v. 13 14 Case No. 1:16-cv-00270-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 8.) 23 At the hearing on June 1, 2017, the Court heard from the parties and, having reviewed the 24 record, administrative transcript, the briefs of the parties, and the applicable law, finds as follows: 25 For the reasons announced by the Court on the record at the conclusion of the parties’ oral 26 argument on June 1, 2017, the Court finds that the decision of the Commissioner of Social 27 Security should be reversed and the case should be remanded for further proceedings. The 28 Administrative Law Judge gave little weight to Ekram Michiel, M.D., a consulting examiner, 1 1 John Schaeffer, D.O., a treating physician, and Shari Muir, M.D., a treating physician. The 2 reasons offered by the ALJ to give little weight to Drs. Muir and Michiel, however, are not 3 specific, legitimate, and supported by substantial evidence. 4 Thus, the ALJ erred in giving little weight to Drs. Muir and Michiel. The ALJ did not err 5 in giving little weight to Dr. Schaeffer, however, because it was appropriate to reject Dr. 6 Schaeffer’s opinion because the opinion took the form of a check-box form and was not 7 consistent with the rest of the medical evidence. 8 9 10 11 On remand, the Administrative Law Judge shall re-examine the recommendations of Drs. Muir and Michiel and determine whether specific and legitimate reasons exist to give their opinions little weight. Accordingly, the Court GRANTS Plaintiff’s appeal from the administrative decision of 12 the Commissioner of Social Security and the case is remanded to the Social Security 13 Administration. The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiff 14 Robert Kenneth Odom and against Defendant Nancy A. Berryhill, Acting Commissioner of 15 Social Security. 16 IT IS SO ORDERED. 17 18 Dated: June 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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