Odom v. Commissioner of Social Security
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROBERT KENNETH ODOM,
Case No. 1:16-cv-00270-EPG
FINAL JUDGMENT AND ORDER
REGARDING PLAINTIFF’S SOCIAL
COMMISSIONER OF SOCIAL
This matter is before the Court on Plaintiff’s complaint for judicial review of an
unfavorable decision of the Commissioner of the Social Security Administration regarding his
applications for supplemental security income and disability insurance benefits. The parties have
consented to entry of final judgment by the United States Magistrate Judge under the provisions
of 28 U.S.C. § 636(c) with any appeal to the Court of Appeals for the Ninth Circuit. (ECF Nos. 7,
At the hearing on June 1, 2017, the Court heard from the parties and, having reviewed the
record, administrative transcript, the briefs of the parties, and the applicable law, finds as follows:
For the reasons announced by the Court on the record at the conclusion of the parties’ oral
argument on June 1, 2017, the Court finds that the decision of the Commissioner of Social
Security should be reversed and the case should be remanded for further proceedings. The
Administrative Law Judge gave little weight to Ekram Michiel, M.D., a consulting examiner,
John Schaeffer, D.O., a treating physician, and Shari Muir, M.D., a treating physician. The
reasons offered by the ALJ to give little weight to Drs. Muir and Michiel, however, are not
specific, legitimate, and supported by substantial evidence.
Thus, the ALJ erred in giving little weight to Drs. Muir and Michiel. The ALJ did not err
in giving little weight to Dr. Schaeffer, however, because it was appropriate to reject Dr.
Schaeffer’s opinion because the opinion took the form of a check-box form and was not
consistent with the rest of the medical evidence.
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
the Commissioner of Social Security and the case is remanded to the Social Security
Administration. The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiff
Robert Kenneth Odom and against Defendant Nancy A. Berryhill, Acting Commissioner of
IT IS SO ORDERED.
June 1, 2017
UNITED STATES MAGISTRATE JUDGE
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