Griffin v. Berryhill

Filing 11

ORDER Directing the Commissioner to Supplement the Record by Judge Richard A Jones. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HERBERT C. GRIFFIN,
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
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Case No. C17-308-RAJ
ORDER DIRECTING THE
COMMISSIONER TO
SUPPLEMENT THE RECORD

Defendant.
Herbert C. Griffin has filed a pro se complaint alleging, in part, that the ALJ “overlooked

14 or did not have all of the doctors’ notes in front of her when making her decision.” Dkt. 4. The
15 Court understands Mr. Griffin’s complaint to allege that the ALJ and the Appeals Council in
16 issuing its final decision failed to properly consider all of the medical evidence. Mr. Griffin
17 submitted additional medical records to the Appeals Council which considered them and in the
18 Notice of Appeals Council Decision determined the records did not provide a basis for changing
19 the ALJ’s decision because the information was about a different time. Tr. 1-2. The Appeals
20 Council rendered a final decision finding Mr. Griffin not disabled and denying his application for
21 benefits. Tr. 5-9. However, all of the materials submitted to the Appeals Council were not
22 included in the administrative record filed with the Court on September 25, 2017.
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Because these materials appear to relate to Mr. Sorenson’s complaint and were submitted

ORDER DIRECTING THE COMMISSIONER TO SUPPLEMENT THE
RECORD - 1

1 and considered by the Appeals Council, the Commissioner is hereby ORDERED to supplement
2 the record, on or before November 13, 2017, with the materials mentioned in the Notice of
3 Appeals Council Decision, namely, Adarezza Ferrer, M.D. dated June 3, 2015, Imaging
4 Healthcare Specialists dated October 29, 2015, San Diego Coastal Endocrinology Group dated
5 April 14, 2016, Community Research Foundation dated April 18, 2016, County of San Diego
6 dated May 11, 2016, American Medical Response San Diego dated August 9, 2016, and Family
7 Health Centers of San Diego dated from February 17, 2016 through August 19, 2016. Tr. 1.
8 Upon the Commissioner’s filing of the supplemental materials the Court will issue a scheduling
9 order.
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The Clerk shall provide copies of this Order to the parties.

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DATED this 20th day of October, 2017.

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A
The Honorable Richard A. Jones
United States District Judge

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ORDER DIRECTING THE COMMISSIONER TO SUPPLEMENT THE
RECORD - 2