(SS)(PS) Arias v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICOLAS ARIAS, No. 2:19-CV-0200-JAM-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff, who is proceeding pro se, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pending before the court is defendant’s unopposed motion to remand (ECF No. 15). Defendant argues that a remand is appropriate because the Certified Administrative Record (CAR) is incomplete. Specifically, the CAR does not contain certain exhibits, including statements submitted by the claimant and his mother. Moreover, defendant indicates that this evidence appears to not have been considered by the Administrative Law Judge (ALJ). The court agrees that a remand is warranted because further administrative proceedings would remedy any defects in the current ALJ decision arising from the incomplete record. See Kail v.…