Garcia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRIAN G., Case No.: 18-cv-2541-BAS-AGS Plaintiff, REPORT AND RECOMMENDATION

ON SUMMARY JUDGMENT

v.

MOTIONS

Andrew M. SAUL, Commissioner of Social Security,

Defendant.

The Social Security Administration ruled that claimant was not disabled from about 2014 to 2017. And it discounted a surgeon’s letter supporting disability, believing that the surgeon didn’t treat claimant during the relevant time frame. But the SSA was wrong. The surgeon’s care took place during the exact period at issue. Given the importance of that treating doctor’s opinion, this case should be remanded to consider it. BACKGROUND Claimant Brian G. was adjudicated disabled starting in 2004 due to “advanced degenerative disc disease of the lumbar spine” and “morbid obesity.” (AR 16; see also AR 272.) After his 2007 gastric-bypass surgery, however, Brian “lost 250 pounds.” (AR 36.) Because his back…