Browning

Browning v. Colvin

Good Law
228 F. Supp. 3d 932·2017 WL 85764·2017 U.S. Dist. LEXIS 3748
United States District Court, Northern District of CaliforniaJanuary 10, 2017Case No. 16-cv-00326-SICalifornia7,978 words

Opinion

Lead Opinion

Illston, J.

ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS

Now before the Court is plaintiffs appeal following the denial of disability insurance benefits (“DIB”) by the administrative law judge (“ALJ”). Docket No. 28. The Commissioner of Social Security has filed a cross-motion to affirm the denial of DIB. Docket No. 25. For the reasons stated below, the Court REVERSES the denial of DIB and REMANDS this case pursuant to sentence four of 42 U.S.C. § 405 (g) for further proceedings consistent with this Order.

BACKGROUND

I. Administrative Proceedings

In November 2010, plaintiff Richard Scott Browning filed an application for disability insurance benefits under Title II of the Social Security Act, stating that he became disabled on September 5, 2010. Administrative Record (“AR”) at 94. His application was denied initially and on reconsideration. Id Plaintiffs application *936 was then heard by Administrative Law Judge Brenton L. Rogozen. In a decision dated June 8, 2012, ALJ Rogozen granted plaintiff a closed period of disability from September 5, 2010, through October 1, 2011. Id. at 104 .

In January 2013, plaintiff filed another application for disability…

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