ALKA SAGAR, Magistrate Judge.
Pursuant to Sentence 4 of 42 U.S.C. § 405(g), IT IS HEREBY ORDERED that this matter is remanded for further administrative action consistent with this Opinion.
On May 7, 2014, Plaintiff filed a Complaint seeking review of the denial of his application for Disability Insurance Benefits. (Docket Entry No. 3). The parties consented to proceed before the undersigned United States Magistrate Judge. (Docket Entry Nos. 8, 10). On September 5, 2014, Defendant filed an Answer along with the Administrative Record ("AR"). (Docket Entry Nos. 13-14). On December 17, 2014, the parties filed a Joint Stipulation ("Joint Stip."), setting forth their respective positions regarding Plaintiff's claims. (Docket Entry No. 19).
The Court has taken this matter under submission without oral argument.
On June 7, 2011, Plaintiff, formerly employed as a security guard and as a janitor (
Plaintiff requested that the Appeals Council review the ALJ's decision. (
Plaintiff alleges that the ALJ erred in: (1) determining that Plaintiff was not disabled prior to the date last insured (June 30, 2008); and (2) rejecting Plaintiff's testimony regarding his symptoms and limitations prior to the date last insured (June 30, 2008). (
After consideration of the record as a whole, the Court finds that Plaintiff's first claim of error warrants a remand for further consideration. Since the Court is remanding the matter based on Plaintiff's first claim of error, the Court will not address Plaintiff's second claim of error.
Plaintiff asserts that the ALJ erred in concluding that Plaintiff was not disabled prior to the date last insured (June 30, 2008), based on the ALJ's failure to consider probative medical evidence in the record (namely, Plaintiff's transport and treatment records at Coalinga Regional Medical Center on December 17, 2004 (
The first set of records show that on December 17, 2004, Plaintiff complained of progressively worsening lumbar spine pain that started on his right inner thigh and traveled up his right abdomen to his lumbar spine, his pain was severe (8 out of 10) and increased with movement, he was unable to walk or stand, and his back had "tightened up." He was transported to Coalinga Regional Medical Center (
The second set of records show that on April 25, 2005, an MRI of Plaintiff's lumbar spine was taken at Coalinga Regional Medical Center, and revealed the following impressions: "Degenerative disc disease and degenerative joint disease"; "T12/L1 posterior disc protrusion measuring approximately 3 mm"; "L2/L3 posterior disc protrusion measuring approximately 3 mm"; "L3/L4 posterior disc protrusion measuring approximately 3 mm, possible impingement of the right L3 nerve root at the right neural canal, and possible impingement of the right L4 nerve root at the right lateral recess"; and "L4/L5 posterior disc protrusion measuring approximately 5 mm, fissure of annulis fibrosis, and impingement of the right L5 nerve root at the right lateral recess." (
The two sets of records are relevant, in that they concern issues with Plaintiff's lumbar spine between June 1, 2004 (the alleged onset date of disability) and June 30, 2008 (the date last insured). Although Plaintiff's attorney at the hearing informed the ALJ about Plaintiff's back problems in 2004 and 2005 (
The decision whether to remand for further proceedings or order an immediate award of benefits is within the district court's discretion.
Since the ALJ failed to properly consider probative evidence, remand is appropriate. Because outstanding issues must be resolved before a determination of disability can be made, and "when the record as a whole creates serious doubt as to whether the [Plaintiff] is, in fact, disabled within the meaning of Social Security Act," further administrative proceedings would serve a useful purpose and remedy defects.
For the foregoing reasons, the decision of the Commissioner is reversed, and the matter is remanded for further proceedings pursuant to Sentence 4 of 42 U.S.C. § 405(g).
LET JUDGMENT BE ENTERED ACCORDINGLY.
On January 14, 2009, Plaintiff apparently filed an application for Supplemental Security Income ("SSI") alleging disability due to his lumbar spinal impairment (
The Court is unable to find that the ALJ's error was harmless, because it is not "clear from the record that the ALJ's error was inconsequential to the ultimate nondisability determination."