Carlos De La Rosa v. Martin OMalley

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARLOS DE LA ROSA, Case No. 5:24-cv-00129-SB-JPR

Plaintiff,

v. ORDER ACCEPTING FINDINGS,

AND RECOMMENDATIONS OF

MARTIN J. O’MALLEY, U.S. MAGISTRATE JUDGE

Commissioner of Social Security,

Defendant.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the complaint, the original briefing filed by the parties, the Magistrate Judge’s Report and Recommendation, the objections thereto, and other records on file herein. The Court also ordered the government to provide supplemental briefing on the question of whether Plaintiff would be entitled to benefits on remand under a new rule not in effect at the time of the administrative law judge’s (ALJ) decision. The government did not provide a clear response. Having considered the matter, the Court declines to apply the new rule in light of the principle that a “reviewing court generally applies the law in effect at the time of the ALJ’s decision.” E.g., Linda L. v. Berryhill, No. 18-CV-01817-DFM, 2019 WL 2413009, at *2 (C.D. Cal. June 7, 2019); see also Dial v. O’Malley, No. 23-3423, 2024 WL 4471510, at *1 (9th…