(SS) Marquez v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN ENRIQUE MARQUEZ, ) Case No.: 1:21-cv-0205 JLT GSA ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, REMANDING FOR 13 v. ) FURTHER PROCEEDINGS, AND DIRECTING ) ENTRY OF JUDGMENT IN FAVOR OF 14 KILOLO KIJAKAZI, ) PLAINTIFF AND AGAINST DEFENDANT Acting Commissioner of Social Security1, ) COMMISSIONER OF SOCIAL SECURITY 15 ) ) (Docs. 19, 23, 24) 16 Defendant. ) ) 17 18 Juan Enrique Marquez initiated this action by filing a complaint for judicial review of the 19 administrative decision denying his application for Social Security benefits. (Docs. 1, 19.) The 20 magistrate judge found the decision of the administrative law judge was not supported by substantial 21 evidence and recommended the matter be remanded for further proceedings. (Doc. 24.) In particular, 22 the magistrate judge recommended that on remand: 23 the ALJ be instructed to order a consultative examination and/or to consult with an appropriate medical professional to opine on the functional impact 24 of Plaintiff’s pulmonary/cardiac and knee impairments as reflected in the records post-dating the non-examining physicians review (which 25 concluded with a progress noted dated August 31, 2017, AR 169), as well as the additional records Plaintiff submitted to the appeals council (AR 64- 26 155) and to proceed through the sequential process as appropriate. 27 28 1 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the 1 || Ud. at 16.) Furthermore, the ALJ recommended judgment be entered in favor of Plaintiff and against 2 || the Commissioner. (/d.) 3 The Court served the Findings and Recommendations on all parties and notified them that any 4 || objections must be filed within fourteen days. (Doc. 24 at 17.) In addition, the Court advised the 5 || parties that the “failure to file objections within the specified time may result in the waiver of rights o 6 || appeal.” (Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 7 |) 923 F.2d 1391, 1394 (9th Cir. 1991).) No party filed objections, and the time for parties to do so has 8 || expired. 9 According to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 10 || 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewe 11 the matter, the Court finds the Findings and Recommendations are supported by the record and prop 12 || analysis. Thus, the Court ORDERS: 13 1. The Findings and Recommendations (Doc. 24) are ADOPTED. 14 2. Plaintiff's request for review of the administrative decision (Doc. 19) is GRANTED. 15 3. The Commissioner’s request to affirm the decision (Doc. 23) is DENIED. 16 4. This matter is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further 17 proceedings consistent with the Findings and Recommendations. 18 5. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Juan Enriqu 19 Marquez, and against Defendant Kilolo Kijakazi, Acting Commissioner of Social 20 Security. 21 22 IT IS SO ORDERED. 23 |! Dated: _ June 19, 2023 ( LAW ph L. wan 24 TED STATES DISTRICT JUDGE 25 26 27 28