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)

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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

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