Carter

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

E.C.C., Case No. 24-cv-03062-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

SSA (INTERESTED PARTY / NEF), et al., Re: Dkt. No. 15 Defendants.

The motion to remand is granted. The ALJ rejected Dr. Reinking’s finding that the plaintiff could only walk/stand up to two hours in a workday without explaining why Dr. Reinking’s reference to the plaintiff’s right foot impairment and bilateral knee osteoarthritis wouldn’t support this finding. In addition, the ALJ relied on the idea that the plaintiff had “normal gait” during other evaluations, without any acknowledgment that the ability to walk into an examination room might not demonstrate an ability to walk/stand for long periods of time. The same is true of some of the other activities that the plaintiff reported being able to engage in, such as preparing his own meals. And this rendered the ALJ’s residual functional capacity determination defective. Relatedly, the ALJ failed to provide clear and convincing reasons for discounting the plaintiff’s testimony about the severity of his pain and symptoms. The ALJ rejected…