Holcomb v. Commissioner of Social Security

Filing 40

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/24/2021, REMANDING CASE for further Administrative Proceedings consistent with the Ninth Circuit's 12/28/2020 order. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERALD E. HOLCOMB,

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Plaintiff,

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No. 2:17-cv-002268 KJM CKD (SS)

v.

ORDER

ANDREW SAUL, Commissioner of Social
Security,
Defendant.

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In 2017, plaintiff filed this action, which resulted in a judgment for defendant in 2019.

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(ECF Nos. 1 & 31.) Plaintiff appealed the district court’s decision affirming the Commissioner of

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Social Security’s denial of his application for supplemental security under Title XVI of the Social

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Security Act. (ECF No. 33.)
On December 28, 2020, the United States Court of Appeals for the Ninth Circuit issued a

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memorandum reversing the district court’s decision. (ECF No. 38.) The Ninth Circuit concluded

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that “[t]he ALJ’s failure to specify the reasons for discrediting Holcomb’s symptom testimony

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was reversible error,” and that the ALJ also erred by disregarding competent lay testimony

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without comment. The Ninth Circuit remanded the case to the district court “with instructions to

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remand this case to the ALJ for further determinations consistent with this decision.”

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On February 19, 2021, the Ninth Circuit issued its formal mandate pursuant to Rule 41(a)

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of the Federal Rules of Appellate Procedure, such that its judgment entered December 28, 2020 is

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now in effect.

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Accordingly, IT IS HEREBY ORDRED that this matter is remanded for further

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administrative proceedings consistent with the Ninth Circuit’s December 28, 2020 order.

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Dated: February 24, 2021

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/holcomb2268.remand

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