Gutierrez v. Berryhill

Filing 20

ORDERED that within fourteen (14) days (1/29/2020) Plaintiff, through counsel, shall obtain a letter or, if possible, declaration by Dr. Akindele Kolade clarifying (1) whether Plaintiff's impairment lasted or is expected to last at least twelve months, and (2) the level of abilities and aptitudes Plaintiff possesses when carrying out (a) unskilled work, as well as (b) semiskilled and skilled work as discussed above. Signed by Magistrate Judge Elayna J. Youchah on 1/15/2020. (Copies have been distributed pursuant to the NEF - DRM)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 MARK F. GUTIERREZ, 5 Case No. 2:17-cv-02365-MMD-EJY Plaintiff, 6 ORDER v. 7 ANDREW SAUL, Acting Commissioner of Social Security, 1 8 Defendant. 9 10 Plaintiff Mark F. Gutierrez (“Plaintiff”) seeks judicial review of the final decision of the 11 Commissioner of the Social Security Administration denying his application for disability insurance 12 and supplemental security income under Title II and Title XVI of the Social Security Act, 13 respectively. The Court has reviewed the parties’ briefings and the Administrative Record (“AR”) 14 in this matter. 15 The Court issues this Order for the purpose of obtaining clarification from Plaintiff’s treating 16 physician, Dr. Akindele Kolade, regarding two issues that appear to be clerical errors based on the 17 totality of the information otherwise provided by Dr. Kolade. First, Dr. Kolade submitted a Mental 18 Impairment Questionnaire in which he checked “no” in response to a question asking whether 19 Plaintiff’s “impairment lasted or [is] expected to last at least twelve months.” AR 513. Given Dr. 20 Kolade’s opinions regarding Plaintiff’s mental health, this response appears to be in error. 21 Second, Dr. Kolade checked a box indicating Plaintiff’s abilities, when carrying out “very 22 short and simple instructions” and “[m]aintain[ing] attention for two hour segment[s],” were 23 “seriously limited, but not precluded” for unskilled work. AR 510–11 (emphasis added). On the 24 same form, Dr. Kolade checked a box indicating Plaintiff’s abilities when carrying out “detailed 25 26 27 28 1 Andrew Saul is the current Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). 1 1 instructions” and “[u]nderstand[ing] and remember[ing] detailed instructions” were only “[l]imited 2 but satisfactory” for more demanding semiskilled and skilled work. Id. (emphasis added). 3 4 The Court seeks clarification from Dr. Kolade regarding these two issues so that it may promptly finalize its Report and Recommendation regarding Plaintiff’s Motion to Remand. 5 Accordingly, 6 IT IS HEREBY ORDERED that within fourteen (14) days Plaintiff, through counsel, shall 7 obtain a letter or, if possible, declaration by Dr. Akindele Kolade clarifying (1) whether Plaintiff’s 8 impairment lasted or is expected to last at least twelve months, and (2) the level of abilities and 9 aptitudes Plaintiff possesses when carrying out (a) unskilled work, as well as (b) semiskilled and 10 11 skilled work as discussed above. DATED this 15th day of January, 2020. 12 ____________________________________ ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?