Blanca Ibarra v. Frank Bisignano, Commissioner of Social Security
Blanca Ibarra v. Frank Bisignano, Commissioner of Social Security
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 BLANCA IBARRA, ) Case No.: 1:24-cv-1342 JLT HBK ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, GRANTING 13 ) PLAINTIFF’S MOTION, DENYING THE ) COMMISSIONER’S REQUEST TO AFFIRM, AND 14 v. ) REMANDING THE MATTER PURSUANT TO ) SENTENCE FOUR OF
42 U.S.C. § 405(g) 15 FRANK BISIGNANO, ) Commissioner of Social Security1, ) ORDER DIRECTING ENTRY OF JUDGMENT IN 16 ) FAVOR OF PLAINTIFF AND AGAINST Defendants. ) DEFENDANT 17 ) ) (Docs. 13, 15, 16) 18
19 Blanca Ibarra seeks judicial review of the decision denying her application for a period of 20 disability and disability insurance benefits under Title II of the Social Security Act, asserting the 21 administrative law judge erred in evaluating the evidence. (Doc. 1; Doc. 13.) The magistrate judge 22 found the ALJ failed to adequately account for limitations a consultative psychological examiner 23 identified with the mental residual functional capacity. (Doc. 16 at 8-12.) The magistrate judge found 24 remand was appropriate for the ALJ to reconsider the medical opinion and, if necessary, reassess 25 Plaintiff’s RFC. (Id. at 12.) Therefore, the magistrate judge recommended the Court grant Plaintiff’s 26 motion for summary judgment and remand the matter for further proceedings. (Id. at 13.) 27
28 1 Frank Bisignano became the Commissioner of Social Security on May 6, 2025. Pursuant to Rule 25(d) of the 1 The Court served the Findings and Recommendations on the parties and notified them that an 2 || objections were due within 14 days. (Doc. 16 at 13-14.) The Court advised the parties that the “failu 3 || to file objections within the specified time may result in the waiver of certain rights on appeal.” □□□□ | 4 || 14, citing Wilkerson v. Wheeler,
772 F.3d 834, 838-39(9th Cir. 2014).) Neither party filed objection 5 || and the time to do so has passed. 6 According to
28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 7 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 8 || supported by the record and proper analysis. Thus, the Court ORDERS: 9 1. The Findings and Recommendations dated September 2, 2025 (Doc. 16) are 10 ADOPTED in full. 11 2. Plaintiff's motion for summary judgment (Doc. 13) is GRANTED. 12 3. Defendant’s cross-motion to affirm the administrative decision (Doc. 15) is DENIED. 13 4. The matter is REMANDED for further proceedings pursuant to sentence four of 42
14 U.S.C. § 405(g), consistent with the Court’s findings. 15 5. The Clerk of Court is directed to terminate pending motions; enter judgment in favor ¢ 16 Blanca Ibarra and against Frank Bisignano, Commissioner of Social Security; and to 17 close this case. 18 19 IT IS SO ORDERED. 20 || Dated: _ September 17, 2025 ( LAW pA LU. wan TED STATES DISTRICT JUDGE 22 23 24 25 26 27 28
Reference
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