Christopher W. Ayers v. Michael J. Astrue, No. 5:2012cv00809 - Document 26 (C.D. Cal. 2013)
Court Description: MEMORANDUM OPINION AND ORDER by Magistrate Judge Ralph Zarefsky. (ib)
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O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER W. AYERS, 12 13 14 15 16 Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. ED CV 12-00809 RZ MEMORANDUM OPINION AND ORDER 17 The Social Security Appeals Council accepted a large number of documents 18 after the Administrative Law Judge made his decision, but stated that those documents did 19 not provide a basis for changing the decision. [AR 2] Those documents, however, 20 contained a questionnaire filled out by a physician who stated that she had treated Plaintiff, 21 and in which she stated her opinion that Plaintiff could not function sufficiently to be 22 employed. This submission, and the Appeals Council s statement, place this case in a 23 posture similar to that faced in Taylor v. Commissioner of Social Security, 659 F.3d 1228 24 (9th Cir. 2011). Although the Court sympathizes with (and agrees with) the colorful 25 sentiment expressed by the Commissioner in her Memorandum here ( Judges are not like 26 pigs, hunting for truffles buried in briefs, (quoting from Greenwood v. F.A.A., 28 F.3d 27 971, 977 (9th Cir. 1994), and United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991)), 28 it was the Appeals Council that elected to receive the materials and allow them to be 1 considered. If they are to be considered, then they should be considered fully; the Court 2 will not imply any findings as to the treating physician s assessment. The Court feels 3 constrained by Taylor to return the matter to the Commissioner to make any such 4 assessment. 5 Accordingly, the matter is remanded to the Commissioner for further 6 consideration of the Administrative Law Judge s decision, in light of the materials received 7 into evidence by the Appeals Council. 8 IT IS SO ORDERED. 9 10 DATED: June 10, 2013 11 12 13 RALPH ZAREFSKY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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