Goin v. Social Security Administration
Filing
18
ORDER that accepts and adopts the report and recommendation (ECF No. 17 ); Goin's motion for reversal and remand (ECF No. 14 ) is granted; the Commissioner's cross-motion to affirm (ECF No. 15 ) is denied; this case is remanded for further administrative proceedings. Signed by Judge Howard D. McKibben on 3/18/2019.; Case terminated. (Copies have been distributed pursuant to the NEF - LH)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
JUANITA JOAN GOIN,
3:18-cv-207-HDM-WGC
9
Plaintiff,
10
11
12
v.
ORDER
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
13
Defendant.
14
15
On
February
15,
2019,
Judge
Cobb
issued
a
report
and
16
recommendation. He recommends that this Court grant Goin’s motion
17
for reversal and remand, deny the Commissioner’s cross-motion to
18
affirm,
and
remand
this
case
for
further
administrative
19
proceedings, consistent with his report and recommendation. The
20
time to object to the report and recommendation has expired, and
21
the parties have filed no objections.
22
The Court accepts and adopts the report and recommendation.
23
Local Rule IB 3-2(b). Thus, Goin’s motion for reversal and remand
24
is granted, the Commissioner’s cross-motion to affirm is denied,
25
and this case is remanded for further administrative proceedings.
26
27
28
1
1
On remand, as set forth in the report and recommendation, the ALJ
2
shall:
3
4
•
Determine whether
Impairment 1.04C;
•
Determine whether there are legally sufficient reasons for
rejecting portions of the opinions of Plaintiff’s treating
doctors, Drs. DeMordaunt and Rappaport;
•
Determine whether there are legally sufficient reasons for
rejecting
certain
of
Plaintiff’s
subjective-symptom
statements;
•
Determine whether a significant number of jobs would be
available with Plaintiff’s restriction of having to
alternate between sitting and standing for five minutes
every hour, including analysis on whether the number of
jobs is significant either nationwide or regionally; and
•
Resolve the ambiguity between Dr. DeMordaunt’s opinion
that Plaintiff can bend from the lumbar spine occasionally
and Dr. Rappaport’s opinion that Plaintiff should avoid
bending altogether. And if Dr. Rappaport’s opinion is
found to be supported by substantial evidence and not
contradicted by earlier opinions by others, determine
whether an inability to stoop precludes sedentary work.
5
6
7
8
9
Plaintiff
met
or
equaled
Listed
10
11
12
13
14
15
16
17
18
19
20
After making appropriate findings, the ALJ shall issue a new
decision on plaintiff’s claim of disability.
21
IT IS SO ORDERED.
22
DATED: This 18th day of March, 2019.
23
24
UNITED STATES DISTRICT JUDGE
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?