(SS) Lundgren v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaOctober 31, 20191:18-cv-01033California1,245 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 8 CURT ALLEN LUNDGREN II, Case No. 1:18-cv-01033-JDP 9 Plaintiff, ORDER ON SOCIAL SECURITY APPEAL 10 v. 11 C ommissioner of Social Security, Defendant. 13 Claimant has requested judicial review of the Social Security Administration’s (“SSA”) denial of his application for a period of disability and disability insurance benefits. On October 22, 2019, I heard argument from the parties. Having considered the parties’ arguments, the record, and applicable law, I will remand this matter for further consideration by the Administrative Law Judge (“ALJ”). On appeal, I ask whether substantial evidence supports the Commissioner’s factual findings and whether the Commissioner applied the proper legal standards. 42 U.S.C. § 405(g). Claimant argues that remand is required to correct alleged flaws in the ALJ’s evaluation of the opinions of two doctors: Bruce E. Fishman, an orthopedic surgeon who examined claimant and who had served as an Agreed Medical Examiner in the context of a workers’ compensation claim, and Marshall S. Lewis,…

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