K.Y.
K.Y. v. Kijakazi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
K. Y., Case No. 22-cv-06197-VC
Plaintiff,
ORDER RE MOTIONS FOR
v. SUMMARY JUDGMENT
KILOLO KIJAKAZI, Re: Dkt. Nos. 16, 23 Defendant.
K.Y.’s motion for summary judgment is granted. The Commissioner’s cross-motion is denied. The case is remanded to the Social Security Administration for further administrative proceedings. As an initial matter, the Commissioner’s brief did not adequately address many of the issues discussed in this ruling, and no attorney for the Commissioner appeared at the hearing on this appeal. For that reason alone, the Court would remand the matter. But in any event, the ALJ erred in several respects. First, the ALJ erred by failing to fully develop the record. “The ALJ always has a special duty to fully and fairly develop the record and to assure that the claimant’s interests are considered.” Garcia v. Commissioner of Social Security, 768 F.3d 925, 930 (9th Cir. 2014) (citations and quotations omitted). “When a claimant is not represented by counsel, this responsibility is heightened.” Celaya v. Halter, 332 F.3d 1177, 1183 (9th…