Kinder

Kinder v. Berryhill

Good Law
247 F. Supp. 3d 1112·2017 WL 1098816·2017 U.S. Dist. LEXIS 42732
United States District Court, Central District of CaliforniaMarch 23, 2017NO. SA CV 16-1608-ECalifornia2,381 words

Opinion

Lead Opinion

Eick, J.

MEMORANDUM OPINION AND ORDER OF REMAND

Pursuant to sentence four of 42 U.S.C. section 405 (g), IT IS HEREBY ORDERED that Plaintiffs and Defendant’s motions for summary judgment are denied, and this matter is remanded for further administrative action consistent with this Opinion.

PROCEEDINGS

On August 31, 2016, Plaintiff filed a Complaint seeking review of the Commissioner’s denial of disability benefits. On January 17, 2017, Plaintiff filed a motion for summary judgment. On February 15, 2017, Defendant filed a “Memorandum' in Support of Defendant’s Answer,” which the Court construes as Defendant’s motion for summary- judgment. On March 17, 2017, Plaintiff filed a reply. The. parties consented to a Magistrate Judge on October 24, 2016. The Court has taken the motions for summary judgment under submission without oral argument. See L.R. 7-15; “Order,” filed October 6, 2016.

BACKGROUND AND SUMMARY OF ADMINISTRATIVE DECISION

Plaintiff, a former sales - supervisor and sales representative, alleges disability since January 12, 2012, based on, inter alia,' Lyme disease, fibromyalgia, chronic fatigue syndrome, depression and anxiety (Administrative Record (“A.R.”) 69, 175-89,…

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