(SS) Mauldin v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLAY MAULDIN, No. 2:18-cv-02858 WBS CKD 12 Plaintiff, 13 v. ORDER 14 ANDREW SAUL, Commissioner of Social Security, 15 Defendant. 16 17 18 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner”) denying an application for disability benefits under Title II of the Social 20 Security Act (“Act”). 21 On January 29, 2020, the magistrate judge filed findings and recommendations herein 22 which contained notice to the parties that any objections to the findings and recommendations 23 were to be filed within fourteen days. Defendant has filed objections. The court has reviewed the 24 file and finds the findings and recommendations to be supported by the record and by the 25 magistrate judge’s analysis. The court agrees with the magistrate judge’s determination that the 26 administrative law judge did not specifically “identify the testimony that was not credible, and 27 specify what evidence undermines the claimant’s complaints.” See Treichler v. Comm’r of Soc. 28 Sec., 775 F.3d 1090, 1102-03 (9th Cir. 2014). The court further agrees with the magistrate 1 | judge’s recommendation that the case be remanded for further proceedings because “the record as 2 | a whole creates serious doubt as to whether the claimant is, in fact, disabled within the meaning 3 | of the Social Security Act.” See Garrison v. Colvin, 759 F.3d 995, 1020 (9th Cir. 2014). 4 IT IS HEREBY ORDERED that: 5 1. Plaintiffs motion for summary judgment (ECF No. 14) is granted; 6 2. The Commissioner’s cross-motion for summary judgment (ECF No. 17) is denied; and 7 3. This matter is remanded for further proceedings consistent with these findings and 8 || recommendations. 9 | Dated: March 26, 2020 □□ tteom. Ad. bt—~ 10 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 12 13 14 15 16 || 2/mauldin2858.jo_cjra 17 18 19 20 21 22 23 24 25 26 27 28