Gutierrez

Gutierrez v. Colvin

Good Law
208 F. Supp. 3d 1117·2016 WL 5380128·2016 U.S. Dist. LEXIS 131695
United States District Court, Eastern District of CaliforniaSeptember 26, 2016Case No.: 1:15-cv-0514-JLTCalifornia3,369 words

Opinion

Lead Opinion

Thurston, J.

ORDER REMANDING THE ACTION PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405 (g)

ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF FRANK GUTIERREZ JR. AND AGAINST DEFENDANT CAROLYN COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY

Frank Gutierrez Jr., asserts he is entitled to benefits under Title II of the Social Security Act. Plaintiff argues the administrative law judge erred in evaluating the record, and seeks judicial review of the denial of his applications for benefits. Because the ALJ failed to identify properly consider lay witness statements, the matter is REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405 (g).

BACKGROUND

In the application for a period of disability and disability insurance benefits, Plaintiff alleged disability beginning January 15, 2013. (Doc. 12-3 at 12) The Social Security Administration denied Plaintiffs applications at the initial level and upon reconsideration. (Id.) After requesting a hearing, Plaintiff testified before an ALJ. (Id. at 32) The ALJ concluded Plaintiff was not disabled and issued an order denying benefits on September 26, 2014. (Id. at 12-24) The Appeals Council denied review of the decision on January…

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