Marsh v. Commissioner of Social Security Administration

Filing 48

Order Remanding to the ALJ with Instructions by Judge Charles R. Breyer on 9/9/2015. (crblc2, COURT STAFF) (Filed on 9/9/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-02096 CRB

NAOMI MARSH,

ORDER REMANDING TO THE ALJ
WITH INSTRUCTIONS

Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.

/

The Ninth Circuit vacated and remanded this case, stating that the administrative law
judge ("ALJ") erred by failing to provide "specific and legitimate reasons" for the ALJ's
rejection of a treating doctor's opinion. See Marsh v. Colvin, 792 F.3d 1170, 1172 (9th Cir.
2015). The court instructed us "to remand to the ALJ, specifically to invite the ALJ to
comment on Dr. Betat's medical opinions and records." Id. at 1173. This Court thus
REMANDS the case for further administrative proceedings consistent with the Ninth
Circuit's opinion, with the specific instruction that the ALJ comment on Dr. Betat's medical
opinions and records in evaluating the plaintiff's claims.

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IT IS SO ORDERED.

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Dated: September 9, 2012

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE