Opinion

Opinion

Court
District Court, E.D. California
Filed
Mar 31, 2026
Cited by
0 cases
Authority
More cited than 41.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 MURIEL FISK SAPIEN, Case No. 1:24-cv-01216-HBK

12 Plaintiff, ORDER REMANDING CASE TO

COMMISSIONER OF SOCIAL SECURITY 1

13 v.

(Doc. 13, 18)

14 COMMISSIONER OF SOCIAL

SECURITY,

15

Defendant.

16

17

18

19 Muriel Fisk Sapien (“Plaintiff”) seeks judicial review of a final decision of the

20 Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for

21 disability insurance benefits under the Social Security Act. (Doc. 1). The matter is currently

22 before the Court on the parties’ briefs, which were submitted without oral argument. (Doc. 13,

23 18). For the reasons stated, the Court remands the matter to the Commissioner of Social Security

24 for further administrative proceedings.

25 I. JURISDICTION

26 Plaintiff protectively filed for disability insurance benefits on July 29, 2021, alleging an

27 1 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C.

§636(c)(1). (Doc. 9).

28

1 onset date of September 11, 2020. (AR 288-92). Benefits were denied initially (AR 74-93, 135-

2 39), and upon reconsideration (AR 94-134, 146-51). Plaintiff appeared before an Administrative

3 Law Judge (“ALJ”) on June 20, 2023. (AR 37-73). Plaintiff was represented by counsel and

4 testified at the hearing. (Id.). The ALJ issued an unfavorable decision (AR 18-36), and the

5 Appeals Council denied review (AR 5-10). The matter is now before this Court pursuant to 42

6 U.S.C. § 405(g).

7 II. BACKGROUND

8 The facts of the case are set forth in the administrative hearing and transcripts, the ALJ’s

9 decision, and the briefs of Plaintiff and Commissioner. Only the most pertinent facts are

10 summarized here.

11 Plaintiff was 64 years old at the time of the hearing. (See AR 39). She has a bachelor’s

12 degree. (AR 44). She lives with her boyfriend. (AR 43). Plaintiff has work history as a project

13 engineer and engineer. (AR 44-51, 66). Plaintiff testified she can no longer do her previous work

14 because of her back and neck pain, scoliosis, limitations in walking, and anxiety. (AR 47-50, 56-

15 57, 72). She reported she can be on her feet for ten minutes before she must sit down and rest for

16 ten minutes, she walks 15 minutes outside 3 times a week, she has trouble focusing and gets

17 confused, and she cannot lift more than 10 pounds. (AR 53-55, 60-62). Plaintiff testified that she

18 worked as long as she could “until [she] just couldn’t,” and interviewed for jobs but she is

19 “limited” and never got hired. (AR 59-60).

20 III. STANDARD OF REVIEW

21 A district court’s review of a final decision of the Commissioner of Social Security is

22 governed by 42 U.S.C. § 405(g). The scope of review under § 405(g) is limited; the

23 Commissioner’s decision will be disturbed “only if it is not supported by substantial evidence or

24 is based on legal error.” Hill v. Astrue, 698 F.3d 1153, 1158 (9th Cir. 2012). “Substantial

25 evidence” means “relevant evidence that a reasonable mind might accept as adequate to support a

26 conclusion.” Id. at 1159 (quotation and citation omitted). Stated differently, substantial evidence

27 equates to “more than a mere scintilla[,] but less than a preponderance.” Id. (quotation and

28 citation omitted). In determining whether the standard has been satisfied, a reviewing court must

1 consider the entire record as a whole rather than searching for supporting evidence in isolation.

2 Id.

3 In reviewing a denial of benefits, a district court may not substitute its judgment for that of

4 the Commissioner. “The court will uphold the ALJ's conclusion when the evidence is susceptible

5 to more than one rational interpretation.” Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir.

6 2008). Further, a district court will not reverse an ALJ’s decision on account of an error that is

7 harmless. Id. An error is harmless where it is “inconsequential to the [ALJ’s] ultimate

8 nondisability determination.” Id. (quotation and citation omitted). The party appealing the ALJ’s

9 decision generally bears the burden of establishing that it was harmed. Shinseki v. Sanders, 556

10 U.S. 396, 409-10 (2009).

11 IV. FIVE-STEP SEQUENTIAL EVALUATION PROCESS

12 A claimant must satisfy two conditions to be considered “disabled” within the meaning of

13 the Social Security Act. First, the claimant must be “unable to engage in any substantial gainful

14 activity by reason of any medically determinable physical or mental impairment which can be

15 expected to result in death or which has lasted or can be expected to last for a continuous period

16 of not less than twelve months.” 42 U.S.C. § 423(d)(1)(A). Second, the claimant’s impairment

17 must be “of such severity that he is not only unable to do his previous work[,] but cannot,

18 considering his age, education, and work experience, engage in any other kind of substantial

19 gainful work which exists in the national economy.” 42 U.S.C. § 423(d)(2)(A).

20 The Commissioner has established a five-step sequential analysis to determine whether a

21 claimant satisfies the above criteria. See 20 C.F.R. § 404.1520(a)(4)(i)-(v). At step one, the

22 Commissioner considers the claimant’s work activity. 20 C.F.R. § 404.1520(a)(4)(i). If the

23 claimant is engaged in “substantial gainful activity,” the Commissioner must find that the

24 claimant is not disabled. 20 C.F.R. § 404.1520(b).

25 If the claimant is not engaged in substantial gainful activity, the analysis proceeds to step

26 two. At this step, the Commissioner considers the severity of the claimant’s impairment. 20

27 C.F.R. § 404.1520(a)(4)(ii). If the claimant suffers from “any impairment or combination of

28 impairments which significantly limits [his or her] physical or mental ability to do basic work

1 activities,” the analysis proceeds to step three. 20 C.F.R. § 404.1520(c). If the claimant’s

2 impairment does not satisfy this severity threshold, however, the Commissioner must find that the

3 claimant is not disabled. 20 C.F.R. § 404.1520(c).

4 At step three, the Commissioner compares the claimant’s impairment to severe

5 impairments recognized by the Commissioner to be so severe as to preclude a person from

6 engaging in substantial gainful activity. 20 C.F.R. § 404.1520(a)(4)(iii). If the impairment is as

7 severe or more severe than one of the enumerated impairments, the Commissioner must find the

8 claimant disabled and award benefits. 20 C.F.R. § 404.1520(d).

9 If the severity of the claimant’s impairment does not meet or exceed the severity of the

10 enumerated impairments, the Commissioner must pause to assess the claimant’s “residual

11 functional capacity.” Residual functional capacity (RFC), defined generally as the claimant’s

12 ability to perform physical and mental work activities on a sustained basis despite his or her

13 limitations, 20 C.F.R. § 404.1545(a)(1), is relevant to both the fourth and fifth steps of the

14 analysis.

15 At step four, the Commissioner considers whether, in view of the claimant’s RFC, the

16 claimant is capable of performing work that he or she has performed in the past (past relevant

17 work). 20 C.F.R. § 404.1520(a)(4)(iv). If the claimant is capable of performing past relevant

18 work, the Commissioner must find that the claimant is not disabled. 20 C.F.R. § 404.1520(f). If

19 the claimant is incapable of performing such work, the analysis proceeds to step five.

20 At step five, the Commissioner considers whether, in view of the claimant’s RFC, the

21 claimant is capable of performing other work in the national economy. 20 C.F.R. §

22 404.1520(a)(4)(v). In making this determination, the Commissioner must also consider

23 vocational factors such as the claimant’s age, education, and past work experience. 20 C.F.R. §

24 404.1520(a)(4)(v). If the claimant is capable of adjusting to other work, the Commissioner must

25 find that the claimant is not disabled. 20 C.F.R. § 404.1520(g)(1). If the claimant is not capable

26 of adjusting to other work, analysis concludes with a finding that the claimant is disabled and is

27 therefore entitled to benefits. 20 C.F.R. § 404.1520(g)(1).

28 The claimant bears the burden of proof at steps one through four above. Tackett v. Apfel,

1 180 F.3d 1094, 1098 (9th Cir. 1999). If the analysis proceeds to step five, the burden shifts to the

2 Commissioner to establish that (1) the claimant is capable of performing other work; and (2) such

3 work “exists in significant numbers in the national economy.” 20 C.F.R. § 404.1560(c)(2);

4 Beltran v. Astrue, 700 F.3d 386, 389 (9th Cir. 2012).

5 V. ALJ’S FINDINGS

6 At step one, the ALJ found that Plaintiff has not engaged in substantial gainful activity

7 (SGA) since September 11, 2020, the alleged onset date. (AR 23). At step two, the ALJ found

8 that Plaintiff has the following severe impairments: degenerative disc disease of the cervical and

9 lumbar spine with history of laminectomy at L4-5 in 1995; dextroscoliosis; exogenous obesity;

10 status post bariatric surgery, and vertigo. (AR 23). At step three, the ALJ found that Plaintiff

11 does not have an impairment or combination of impairments that meets or medically equals the

12 severity of a listed impairment. (AR 25). The ALJ then found that Plaintiff has the RFC to

13 perform medium work as defined in 20 CFR 404.1567(c) except the

claimant is frequently able to climb ramps and stairs and is never able

14 to climb ladders, ropes, and/or scaffolds. The claimant is frequently

able to balance, crawl, crouch, kneel and stoop.

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16 (AR 26). At step four, the ALJ found that Plaintiff is capable of performing past relevant work as

17 a project engineer. (AR 29). In the alternative, at step five, the ALJ found that considering

18 Plaintiff’s age, education, work experience, and RFC, there are jobs that exist in significant

19 numbers in the national economy that Plaintiff can perform, including cleaner II, hand packager,

20 and machine packager. (AR 29-30). On that basis, the ALJ concluded that Plaintiff has not been

21 under a disability, as defined in the Social Security Act, from September 11, 2020, through the

22 date of the decision. (AR 31).

23 VI. ISSUES

24 Plaintiff seeks judicial review of the Commissioner’s final decision denying her disability

25 insurance benefits under Title II of the Social Security Act. (Doc. 1). Plaintiff raises the

26 following issue for this Court’s review: whether the ALJ properly considered the medical opinion

27 of Steven Stoltz, M.D. (Doc. 13 at 9-16).

28 ////

1 VII. DISCUSSION

2 A. Medical Opinions

3 For claims filed on or after March 27, 2017, new regulations apply that change the

4 framework for how an ALJ must evaluate medical opinion evidence. Revisions to Rules

5 Regarding the Evaluation of Medical Evidence, 2017 WL 168819, 82 Fed. Reg. 5844-01 (Jan. 18,

6 2017); 20 C.F.R. §§ 404.1520c, 416.920c. The new regulations provide that the ALJ will no

7 longer “give any specific evidentiary weight…to any medical opinion(s)…” Revisions to Rules,

8 2017 WL 168819, 82 Fed. Reg. 5844, at 5867-68; see 20 C.F.R. §§ 404.1520c(a), 416.920c(a).

9 Instead, an ALJ must consider and evaluate the persuasiveness of all medical opinions or prior

10 administrative medical findings from medical sources. 20 C.F.R. §§ 404.1520c(a) and (b),

11 416.920c(a) and (b). The factors for evaluating the persuasiveness of medical opinions and prior

12 administrative medical findings include supportability, consistency, relationship with the claimant

13 (including length of the treatment, frequency of examinations, purpose of the treatment, extent of

14 the treatment, and the existence of an examination), specialization, and “other factors that tend to

15 support or contradict a medical opinion or prior administrative medical finding” (including, but

16 not limited to, “evidence showing a medical source has familiarity with the other evidence in the

17 claim or an understanding of our disability program’s policies and evidentiary requirements”). 20

18 C.F.R. §§ 404.1520c(c)(1)-(5), 416.920c(c)(1)-(5).

19 Supportability and consistency are the most important factors, and therefore the ALJ is

20 required to explain how both factors were considered. 20 C.F.R. §§ 404.1520c(b)(2),

21 416.920c(b)(2). Supportability and consistency are explained in the regulations:

22 (1) Supportability. The more relevant the objective medical evidence

and supporting explanations presented by a medical source are to

23 support his or her medical opinion(s) or prior administrative medical

finding(s), the more persuasive the medical opinions or prior

24 administrative medical finding(s) will be.

25 (2) Consistency. The more consistent a medical opinion(s) or prior

administrative medical finding(s) is with the evidence from other

26 medical sources and nonmedical sources in the claim, the more

persuasive the medical opinion(s) or prior administrative medical

27 finding(s) will be.

28 20 C.F.R. §§ 404.1520c(c)(1)-(2), 416.920c(c)(1)-(2). The ALJ may, but is not required to,

1 explain how the other factors were considered. 20 C.F.R. §§ 404.1520c(b)(2), 416.920c(b)(2).

2 However, when two or more medical opinions or prior administrative findings “about the same

3 issue are both equally well-supported ... and consistent with the record ... but are not exactly the

4 same,” the ALJ is required to explain how “the other most persuasive factors in paragraphs (c)(3)

5 through (c)(5)” were considered. 20 C.F.R. §§ 404.1520c(b)(3), 416.920c(b)(3).

6 The Ninth Circuit has additionally held that the new regulatory framework displaces the

7 longstanding case law requiring an ALJ to provide “specific and legitimate” or “clear and

8 convincing” reasons for rejecting a treating or examining doctor’s opinion. Woods v. Kijakazi, 32

9 F.4th 785, 787 (9th Cir. 2022). Nonetheless, in rejecting an examining or treating doctor’s

10 opinion as unsupported or inconsistent, an ALJ must still provide an explanation supported by

11 substantial evidence. Id. at 792. This means that the ALJ “must ‘articulate ... how persuasive’

12 [he or she] finds ‘all of the medical opinions’ from each doctor or other source ... and ‘explain

13 how [he or she] considered the supportability and consistency factors’ in reaching these findings.”

14 Id. (citing 20 C.F.R. §§ 404.1520c(b), 404.1520(b)(2)).

15 Plaintiff argues the ALJ improperly evaluated the January 2022 medical opinion of

16 consultative examining physician Scott Stoltz, M.D., FACP. (Doc. 13 at 9-13). Dr. Stoltz

17 examined Plaintiff and opined that she has the ability to walk and stand a maximum of 4 to 6

18 hours in an 8-hour workday, has no sitting restrictions, can lift and carry a maximum of 10

19 pounds occasionally, can do frequent but not continuous activities, has no manipulative

20 restrictions, can climb stairs and ramps occasionally, and can never climb ladders or scaffolding.

21 (AR 685-86). The ALJ found Dr. Stoltz’s opinion was “less persuasive” than the state agency

22 consulting opinions of M. Amando, M.D. and K. Mohan, M.D. (AR 28).

23 The entirety of the ALJ’s findings arguably explaining his findings as to the

24 persuasiveness of Dr Stoltz’s opinion was that “the prior administrative medical findings of Dr.

25 Amando and Dr. Mohan were supported by explanation with reference to the medical record.

26 Those findings were consistent with the generally normal examination findings and treatment

27 history, but also the findings of Dr. Stoltz.” (AR 28). Presumably in support of this finding the

28 ALJ cited Dr. Stoltz’s findings on examination, as well string citing “normal examination

1 findings” on two 2019 treatment visits for a right forearm lesion (AR 450, 456), a 2019 treatment

2 visit for fatigue (AR 459), a 2019 treatment visit for abdominal pain (AR 489), and a January

3 2020 treatment visit to establish as a patient and complaining of flu-like symptoms (AR 578).

4 Plaintiff argues the ALJ harmfully erred by failing to consider the supportability and consistency

5 factors pursuant to the revised regulations. (Doc. 13 at 11). The Court agrees.

6 When considering the medical opinion evidence, the ALJ must do more than state a

7 conclusion; rather, the ALJ must “set forth his own interpretations and explain why they, rather

8 than the doctors’, are correct.” Reddick v. Chater, 157 F.3d 715, 725 (9th Cir. 1998); Brown-

9 Hunter, 806 F.3d at 495 (a court “cannot substitute [the court's] conclusions for the ALJ’s, or

10 speculate as to the grounds for the ALJ's conclusions. Although the ALJ’s analysis need not be

11 extensive, the ALJ must provide some reasoning in order for [the court] to meaningfully

12 determine whether the ALJ’s conclusions were supported by substantial evidence.”). “This can

13 be done by setting out a detailed and thorough summary of the facts and conflicting clinical

14 evidence, stating his interpretation thereof, and making findings.” Reddick, 157 F.3d at 725. In

15 addition, as noted above, the Ninth Circuit clarified that under the new regulations for considering

16 medical evidence, “an ALJ cannot reject an examining or treating doctor’s opinion as

17 unsupported or inconsistent without providing an explanation supported by substantial evidence.

18 The agency must ‘articulate … how persuasive’ it finds ‘all of the medical opinions’ from each

19 doctor or other source, and ‘explain how [it] considered the supportability and consistency

20 factors’ in reaching these findings.” Woods, 32 F.4th at 792 (internal citations omitted).

21 As to the consistency factor, Defendant argues the ALJ properly reasoned that “in contrast

22 to Dr. Stoltz’ opinion, the findings of Drs. Amado and Mohan ‘were consistent with the generally

23 normal examination findings and treatment history.’” (Doc. 18 at 3). However, a plain reading

24 of the ALJ’s findings indicates that he found the opinions of Dr. Amado and Dr. Mohan were

25 consistent with record, and their findings were consistent with the findings of Dr. Stoltz, which

26 speaks directly to the consistency factor as applied to the persuasiveness of Drs. Amado and

27 Mohan as opposed to any explanation of why Dr. Stoltz’s opinion was less consistent and

28 therefore less persuasive than the state agency opinions. Moreover, even if the Court were to

1 consider the cited “normal” examination findings as purportedly consistent with the state agency

2 opinions and the “findings” of Dr. Stoltz, the treatment records string cited by the ALJ are all

3 dated before the September 11, 2020 alleged onset date of disability, and as detailed above, the

4 records do not document treatment for back pain or scoliosis, the severe impairments at issue

5 here.

6 Finally, the ALJ fails to reference any specific objective or clinical medical source

7 evidence from the overall record that is inconsistent with the precise limitations opined by Dr.

8 Stoltz, nor does the ALJ offer any explanation as to how any of the specific limitations opined by

9 Dr. Stoltz, including limitations on standing, walking, lifting, and carrying, are inconsistent with

10 medical source evidence from the relevant period. (See AR 28). As noted by Plaintiff, the ALJ

11 failed to consider probative objective evidence from 2022,2 including, most notably, the results of

12 a November 7, 2022 MRI of the lumbar spine that noted, inter alia, severe dextroscoliosis,

13 moderate canal stenosis at L3-4, and multiple levels of neural stenosis, severe at bilateral L3-4,

14 right L4-5, right L5-S1, and moderate at left L 1-2 levels. (Doc. 13 at 14 (citing AR 966)); see

15 also AR 989-90 (observing severe scoliosis and tenderness pointing to right SI area and noting in

16 the “treatment plan” that Plaintiff could get a spine injection and use a cane or walker)). For

17 these reasons, to the extent that he considered the consistency factor, the ALJ’s findings are not

18 supported by substantial evidence.

19 As to the supportability factor, “the more relevant the objective medical evidence and

20 supporting explanations presented by a medical source are to support” the medical opinion, the

21 more persuasive the medical opinion will be. 20 C.F.R. § 416.920c(c)(1) (emphasis added).

22 Defendant argues the ALJ “properly concluded that Dr. Stoltz’s opinion was less persuasive

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24 2 It is somewhat unclear to the Court whether Plaintiff intended to raise the ALJ’s failure to consider 2022

“objective evidence” in the record as a separate issue for the Court’s consideration apart from the assertion

25 of error in considering Dr. Stoltz’s opinion. (See Doc. 13 at 13-16). When the ALJ improperly ignores

significant and probative evidence in the record favorable to a claimant’s position, the ALJ “thereby

26 provide[s] an incomplete residual functional capacity determination.” Hill v. Astrue, 698 F.3d 1153, 1160

(9th Cir. 2012); see also Vincent v. Heckler, 739 F.2d 1393, 1394-95 (quoting Cotter v. Harris, 642 F.2d

27 700, 706 (3d Cir. 1981)). Regardless, in light of the Court’s finding that remand is necessary to reconsider

the medical opinion evidence, and direction that the ALJ should conduct a new sequential analysis, the

28 Court declines to consider this argument in detail here.

1 because it lacked support from his own examination.” (Doc. 18 at 4). As part of the opinion

2 analysis, the ALJ did summarize Dr. Stoltz’s “normal” examination findings including excellent

3 range of motion of her spine, normal range of motion of other joints, negative straight leg raise

4 test, 5/5 motor strength with good tone, normal sensation and reflexes, normal neurological

5 examination, and a slight limp. (Doc. 28, 684-85). However, as noted by Plaintiff, the ALJ

6 appeared to overlook Dr. Stoltz’s observations that Plaintiff had back pain with knee extensions

7 while seated, and “severe scoliosis of the lumbosacral spine with a very prominent left pelvic tilt

8 and prominence compared to the right.” (AR 684). Similarly, while not acknowledged by the

9 ALJ, Dr. Stoltz reviewed primary care notes from 2021 and radiology reports from 2021 that

10 showed “severe dextroscoliosis, severe degenerative changes and even mild to moderate

11 degenerative changes of the cervical spine with grade I anterolisthiasis of C4-C5 and her COBB

12 angle was 41 degrees at the lumbosacral spine,” and Dr. Stoltz noted in his functional assessment

13 that Plaintiff “certainly has radiological evidence for her issues as well as findings on [Dr.

14 Stoltz’s] physical exam with pelvic tilt and visible dextroscoliosis of the lower spine.” (AR 681,

15 685). Thus, to the extent he explicitly considered the supportability factor, the ALJ failed to offer

16 the requisite explanation, pursuant to the revised regulations, as to how he considered the

17 objective evidence presented by Dr. Stoltz in determining his opinion was less persuasive.

18 Woods, 32 F.4th at 792; see also Brown-Hunter, 806 F.3d at 495 (“Although the ALJ’s analysis

19 need not be extensive, the ALJ must provide some reasoning in order for [the court] to

20 meaningfully determine whether the ALJ’s conclusions were supported by substantial

21 evidence.”).

22 Based on the foregoing, the ALJ’s finding that Dr. Stoltz’s opinion was “less persuasive”

23 is not supported by substantial evidence. On remand, the ALJ should reconsider Dr. Stoltz’s

24 medical opinion, along with all relevant medical opinion evidence.

25 B. Remedy

26 Plaintiff argues the Court should remand to the Social Security Administration for the

27 payment of benefits, or in the alternative, remand for further administrative proceedings. (Doc.

28 13 at 16). The decision whether to remand for further proceedings or reverse and award benefits

1 is within the discretion of the district court. McAllister v. Sullivan, 888 F.2d 599, 603 (9th Cir.

2 1989). An immediate award of benefits is appropriate where “no useful purpose would be served

3 by further administrative proceedings, or where the record has been thoroughly developed,”

4 Varney v. Sec'y of Health & Human Servs., 859 F.2d 1396, 1399 (9th Cir. 1988), or when the

5 delay caused by remand would be “unduly burdensome[.]” Terry v. Sullivan, 903 F.2d 1273,

6 1280 (9th Cir. 1990); see also Garrison, 759 F.3d at 1021 (noting that a district court may abuse

7 its discretion not to remand for benefits when all of these conditions are met). This policy is

8 based on the “need to expedite disability claims.” Varney, 859 F.2d at 1401. But where there are

9 outstanding issues that must be resolved before a determination can be made, and it is not clear

10 from the record that the ALJ would be required to find a claimant disabled if all the evidence

11 were properly evaluated, remand is appropriate. See Benecke v. Barnhart, 379 F.3d 587, 595-96

12 (9th Cir. 2004); Harman v. Apfel, 211 F.3d 1172, 1179-80 (9th Cir. 2000).

13 The Court finds that further administrative proceedings are appropriate. See Treichler v.

14 Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1103-04 (9th Cir. 2014) (remand for benefits is not

15 appropriate when further administrative proceedings would serve a useful purpose). Here, the

16 ALJ improperly considered the medical opinion evidence, which calls into question whether the

17 assessed RFC, and resulting hypothetical propounded to the vocational expert, are supported by

18 substantial evidence. “Where,” as here, “there is conflicting evidence, and not all essential

19 factual issues have been resolved, a remand for an award of benefits is inappropriate.” Treichler,

20 775 F.3d at 1101. On remand, the ALJ should reevaluate the medical opinion evidence. If

21 necessary, the ALJ should order additional consultative examinations and, if appropriate, take

22 additional testimony from medical experts. The ALJ should conduct a new sequential analysis,

23 reassess Plaintiff’s RFC and, if necessary, take additional testimony from a vocational expert

24 which includes all of the limitations credited by the ALJ.

25 Accordingly, it is ORDERED:

26 1. Plaintiff’s Motion for Summary Judgment (Doc. 13) is GRANTED.

27 2. Defendant’s Cross Motion for Summary Judgment (Doc. 18) is DENIED.

28 3. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court REVERSES the

] Commissioner’s decision and REMANDS this case back to the Commissioner of

2 Social Security for further proceedings consistent with this Order.

3 4. An application for attorney fees may be filed by separate motion within thirty (30)

4 days.

5 5. The Clerk shall enter judgment in favor of Plaintiff, terminate any motions and

6 deadlines, and close this case.

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Dated: _ March 31, 2026 Wiha Th foare4 Hack

9 HELENA M. BARCH-KUCHTA

10 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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