Ferrando v. Commissioner of Social Security
Filing
48
ORDER signed by Judge Garland E. Burrell, Jr on 11/17/11 ORDERING that this Case is REMANDED to the Commissioner of Social Security Administration. The Commissioner is directed to determine when Plaintiff's mental impairments rendered him disabled; and The Clerk is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MATT A. FERRANDO,
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No. CIV S-08-2470-GEB-CMK
Plaintiff,
vs.
ORDER
COMMISSIONER OF SOCIAL
SECURITY,
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Defendant.
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Plaintiff brought this action for judicial review of a final decision of the
Commissioner of Social Security under 42 U.S.C. § 405(g).
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This court reviewed the Administrative Law Judge’s (ALJ) decision, without the
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benefit of a fully briefed motion for summary judgement by plaintiff. Instead of addressing the
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merits of his claims of error as directed, plaintiff argued that a motion for summary judgment
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was premature based on a subsequent application which had been approved, and continued to
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argue for a remand. The court conducted a review of the ALJ’s decision denying plaintiff
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benefits, and determined the ALJ did not error in his decision. In so doing, and without the
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benefit of plaintiff’s merits brief, the court determined, inter alia, that there were contradicting
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examining medical opinions, which the ALJ provided specific and legitimate reasons for why he
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credited one and not the other.
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Plaintiff appealed this court’s decision to the Ninth Circuit Court of Appeals. The
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Ninth Circuit found the ALJ failed to provide clear and convincing reasons for rejecting the
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evaluation of plaintiff’s treating psychiatrist.1 In it’s opinion, the Court remanded this case “for
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the Commissioner to determine when Ferrando’s mental impairments became so severe as to
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render him disabled, which we would expect to be after April 2005, and before July 27, 2007.”
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(See Doc. 44 at 5). Based on that direction, this case will be remanded to the defendant to make
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the necessary determination as ordered.
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Accordingly, IT IS HEREBY ORDERED that:
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Administration;
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The Commissioner is directed to determine when plaintiff’s mental
impairments rendered him disabled; and
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This case is remanded to the Commissioner of Social Security
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The Clerk of the Court is directed to close this case.
Dated: November 17, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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The Ninth Circuit characterized the medical opinion as a treating psychiatrist
where this court determined that the medical opinions were examining opinions based on a single
evaluation and not on-going treatment.
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