Kathleen Eckberg v. Carolyn W. Colvin

MEMORANDUM

Kathleen Eckberg appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of her application for disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

On appeal, the Commissioner concedes that the Administrative Law Judge (the “ALJ”) erred in rejecting non-examining physician Dr. Vincent Russo’s testimony concerning the limitations Eckberg suffers as a result of her left-side De Quervain’s syndrome. The ALJ also erred in offering no reason for finding certain aspects of Eckberg’s subjective pain testimony not credible other than the “boilerplate” statement that the testimony was inconsistent with the ALJ’s residual functional capacity assessment. See Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1102-03 (9th Cir.2014). The remaining question, therefore, is whether to remand for an award of benefits or for further proceedings.

“Before we may remand a case to the ALJ with instructions to award benefits, three requirements must be met: ‘(1) the record has been fully developed and further administrative proceedings would serve no useful purpose; (2) the ALJ has failed to provide legally sufficient…