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Martel v. Berryhill

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Jun 1, 2017
Case No. ED CV 16-1218 MRW (C.D. Cal. Jun. 1, 2017)

Summary

noting that "the mere lay observation that an individual did not seek 'the type of treatment one would expect for a totally disabled individual' is a boilerplate, 'vague allegation' that cannot support an adverse credibility finding"

Summary of this case from Townsend v. Comm'r of Soc. Sec.

Opinion

Case No. ED CV 16-1218 MRW

06-01-2017

CLAUDE P. MARTEL, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.


JUDGMENT

It is the judgment of this Court that the decision of the Administrative Law Judge is VACATED, and the matter is REMANDED to the Social Security Administration on an open record for further proceedings consistent with the Court's Order. Date: June 1, 2017

/s/_________

HON. MICHAEL R. WILNER

UNITED STATES MAGISTRATE JUDGE


Summaries of

Martel v. Berryhill

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Jun 1, 2017
Case No. ED CV 16-1218 MRW (C.D. Cal. Jun. 1, 2017)

noting that "the mere lay observation that an individual did not seek 'the type of treatment one would expect for a totally disabled individual' is a boilerplate, 'vague allegation' that cannot support an adverse credibility finding"

Summary of this case from Townsend v. Comm'r of Soc. Sec.
Case details for

Martel v. Berryhill

Case Details

Full title:CLAUDE P. MARTEL, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Date published: Jun 1, 2017

Citations

Case No. ED CV 16-1218 MRW (C.D. Cal. Jun. 1, 2017)

Citing Cases

Townsend v. Comm'r of Soc. Sec.

ECF No. 10-1 at 21. The Court agrees that this reasoning would have been improper, see, e.g., Martel v.…