Michelson

Michelson v. Kijakazi

Good Law
United States District Court, Northern District of CaliforniaMarch 15, 20233:22-cv-00238California456 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IRMA GUADALUPE MICHELSON, Case No. 22-cv-00238-AGT

Plaintiff,

ORDER ON MOTIONS FOR

v. SUMMARY JUDGMENT

KILOLO KIJAKAZI, Re: Dkt. Nos. 14, 18 Defendant.

Kilolo Kijakazi, the Acting Social Security Commissioner, admits that the ALJ decision on review “cannot be affirmed” because the ALJ “did not properly evaluate the medical opinion and prior administrative medical findings.” Dkt. 18 at 4 n.2. In light of that admission, the Court remands this case to the Commissioner for further proceedings. The Court denies plaintiff’s request to remand the case for an award of benefits. The record needs more development, and remand for an award of benefits is “inappropriate” when “not all essential factual issues have been resolved.” Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1101 (9th Cir. 2014). Specifically, not only does the ALJ need to reevaluate the medical opinion and admin- istrative medical findings, but the ALJ needs to develop the record further to illuminate why plaintiff didn’t seek treatment for long stretches in 2013 and 2014. The ALJ relied on that lack…

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