Fernandes v. Commissioner of Social Security

Filing 28

ORDER on Social Security Appeal, signed by Magistrate Judge Jeremy D. Peterson on 4/5/19. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBRA FERNANDES,
Plaintiff,

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Case No. 1:18-cv-00114-JDP
ORDER ON SOCIAL SECURITY APPEAL

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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This matter is before the court on claimant’s request for judicial review of an unfavorable
decision of the Acting Commissioner of the Social Security Administration regarding her
application for a period of disability and Social Security Disability Insurance Benefits. At a
hearing on April 5, 2019, we heard argument from the parties. We have reviewed the record,
administrative transcript, briefs of the parties, and applicable law, and have considered arguments
made at the hearing. For the reasons stated on the record at oral argument, we vacate the
administrative decision of the Acting Commissioner of the Social Security Administration and
remand this case so that the administrative law judge (1) can evaluate the claimant’s statements
concerning the intensity, persistence, and limiting effects of her symptoms and (2) can explain the
basis for his conclusions regarding claimant’s statements. The clerk of court is directed to enter
judgment in favor of claimant Debra Fernandes and against defendant Nancy A. Berryhill, the
Acting Commissioner of Social Security, and to close this case.

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IT IS SO ORDERED.

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Dated:

April 5, 2019
UNITED STATES MAGISTRATE JUDGE

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No. 200.

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