Cooper

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GARY EMMETT COOPER, Case No. 19-cv-06635-VC

Plaintiff, ORDER GRANTING PLAINTIFF'S v. MOTION FOR SUMMARY

JUDGMENT, DENYING

ANDREW M. SAUL, DEFENDANT'S MOTION FOR

SUMMARY JUDGMENT

Defendant. Re: Dkt. Nos. 16,

Cooper is entitled to summary judgment for two related reasons: first, because the ALJ’s residual functional capacity determination was not supported by substantial evidence; and second, because the ALJ did not articulate specific and legitimate reasons for rejecting the opinion of Cooper’s treating physician. The ALJ’s residual functional capacity determination was based primarily on the opinion of Dr. Rana, a state consultative examiner. The ALJ noted that, because Cooper suffered injuries after wandering into traffic in January 2016, medical opinions about his physical limitations based on exams conducted before that incident were less reliable than opinions based on exams conducted after the incident. But Dr. Rana’s opinion was itself based on an examination conducted before the incident. And the ALJ neither acknowledged this limitation…