Bauer v. Dudek

1 Mar 31, 2026 SEAN F. MCAVOY, CLERK 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 DALLAS B. 8 NO: 2:24-CV-00120-LRS Plaintiff, 9 v. ORDER REVERSING AND 10 REMANDING THE FRANK BISIGNANO, COMMISSIONER’S DECISION FOR 11 COMMISSIONER OF SOCIAL FURTHER PROCEEDINGS SECURITY, 12 Defendant. 13 14 BEFORE THE COURT are the parties’ briefs. ECF Nos. 7, 9. This matter 15 was submitted for consideration without oral argument. Plaintiff is represented by 16 attorney Ho Peter Evans. Defendant is represented by Special Assistant United 17 States Attorney Jacob P. Phillips. The Court, having reviewed the administrative 18 record and the parties’ briefing, is fully informed. For the reasons discussed below, 19 Plaintiff’s brief, ECF No. 7, is granted and Defendant’s brief, ECF No. 9, is denied. 20 21 1 2 JURISDICTION 3 Dallas B. (Plaintiff) filed for disability insurance benefits on September 25, 4 2020 and for supplemental security income on October 27, 2020, alleging in both 5 applications an onset date of January 1, 2014, which was amended to March 1, 2019 6 at the hearing. Tr. 67, 277-78, 285-306. Benefits were denied initially, Tr. 196-201, 7 and upon reconsideration, Tr. 204-15. Plaintiff appeared at a hearing before an 8 administrative law judge (ALJ) on June 7, 2023. Tr. 58-76. On August 1, 2023, the 9 ALJ issued an unfavorable decision finding Plaintiff not disabled. Tr. 14-33. 10 The matter is now before this Court pursuant to 42 U.S.C. § 405(g). 11 BACKGROUND 12 The facts of the case are set forth in the administrative hearing and transcripts, 13 the ALJ’s decision, and the briefs of Plaintiff and the Commissioner, and are 14 therefore only summarized here. 15 Plaintiff was 32 years old on the alleged onset date. Tr. 27. She went to 16 school until the eleventh grade and later earned a GED. Tr. 2010. She went to 17 college for two years, initially in pre-nursing, and earned a medical assistant 18 certification. Tr. 2010. She has work experience as a medical assistant and 19 convenience store cashier. Tr. 64. She stopped working because she was not reliable 20 due to her kidney stones and mental health. Tr. 64. She testified that she cannot be 21 1 around people without having anxiety attacks. Kidney stones cause her to go to the 2 emergency room. Tr. 65. She has good days and bad days. Tr. 68. She has days 3 when she cannot get out of bed. Tr. 66. She has inflammation and cannot bend over 4 repeatedly due to back issues. Tr. 66. She cannot lift things because the left side of 5 her body goes numb. Tr. 66. She has anxiety. Tr. 72. 6 STANDARD OF REVIEW 7 A district court’s review of a final decision of the Commissioner of Social 8 Security is governed by 42 U.S.C. § 405(g). The scope of review under § 405(g) is 9 limited; the Commissioner’s decision will be disturbed “only if it is not supported by 10 substantial evidence or is based on legal error.” Hill v. Astrue, 698 F.3d 1153, 1158 11 (9th Cir. 2012). “Substantial evidence” means “relevant evidence that a reasonable 12 mind might accept as adequate to support a conclusion.” Id. at 1159 (quotation and 13 citation omitted). Stated differently, substantial evidence equates to “more than a 14 mere scintilla[,] but less than a preponderance.” Id. (quotation and citation omitted). 15 In determining whether the standard has been satisfied, a reviewing court must 16 consider the entire record as a whole rather than searching for supporting evidence in 17 isolation. Id. 18 In reviewing a denial of benefits, a district court may not substitute its 19 judgment for that of the Commissioner. Edlund v. Massanari, 253 F.3d 1152, 1156 20 (9th Cir. 2001). If the evidence in the record “is susceptible to more than one 21 1 rational interpretation, [the court] must uphold the ALJ’s findings if they are 2 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 3 F.3d 1104, 1111 (9th Cir. 2012). Further, a district court “may not reverse an ALJ’s 4 decision on account of an error that is harmless.” Id. An error is harmless “where it 5 is inconsequential to the [ALJ’s] ultimate nondisability determination.” Id. at 1115 6 (quotation and citation omitted). The party appealing the ALJ’s decision generally 7 bears the burden of establishing that it was harmed. Shinseki v. Sanders, 556 U.S. 8 396, 409-10 (2009). 9 FIVE-STEP EVALUATION PROCESS 10 A claimant must satisfy two conditions to be considered “disabled” within the 11 meaning of the Social Security Act. First, the claimant must be “unable to engage in 12 any substantial gainful activity by reason of any medically determinable physical or 13 mental impairment which can be expected to result in death or which has lasted or 14 can be expected to last for a continuous period of not less than twelve months.” 42 15 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). Second, the claimant’s impairment must 16 be “of such severity that he is not only unable to do [his or her] previous work[,] but 17 cannot, considering [his or her] age, education, and work experience, engage in any 18 other kind of substantial gainful work which exists in the national economy.” 42 19 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). 20 21 1 The Commissioner has established a five-step sequential analysis to determine 2 whether a claimant satisfies the above criteria. See 20 C.F.R. §§ 404.1520(a)(4)(i)- 3 (v), 416.920(a)(4)(i)-(v). At step one, the Commissioner considers the claimant’s 4 work activity. 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). If the claimant is 5 engaged in “substantial gainful activity,” the Commissioner must find that the 6 claimant is not disabled. 20 C.F.R. §§ 404.1520(b), 416.920(b). 7 If the claimant is not engaged in substantial gainful activity, the analysis 8 proceeds to step two. At this step, the Commissioner considers the severity of the 9 claimant’s impairment. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If the 10 claimant suffers from “any impairment or combination of impairments which 11 significantly limits [his or her] physical or mental ability to do basic work 12 activities,” the analysis proceeds to step three. 20 C.F.R. §§ 404.1520(c), 13 416.920(c). If the claimant’s impairment does not satisfy this severity threshold, 14 however, the Commissioner must find that the claimant is not disabled. 20 C.F.R. 15 §§ 404.1520(c), 416.920(c). 16 At step three, the Commissioner compares the claimant’s impairment to 17 severe impairments recognized by the Commissioner to be so severe as to preclude a 18 person from engaging in substantial gainful activity. 20 C.F.R. §§ 19 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If the impairment is as severe or more severe 20 21 1 than one of the enumerated impairments, the Commissioner must find the claimant 2 disabled and award benefits. 20 C.F.R. §§ 404.1520(d), 416.920(d). 3 If the severity of the claimant’s impairment does not meet or exceed the 4 severity of the enumerated impairments, the Commissioner must pause to assess the 5 claimant’s “residual functional capacity.” Residual functional capacity (RFC), 6 defined generally as the claimant’s ability to perform physical and mental work 7 activities on a sustained basis despite his or her limitations, 20 C.F.R. §§ 8 404.1545(a)(1), 416.945(a)(1), is relevant to both the fourth and fifth steps of the 9 analysis. 10 At step four, the Commissioner considers whether, in view of the claimant’s 11 RFC, the claimant is capable of performing work that he or she has performed in the 12 past (past relevant work). 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the 13 claimant is capable of performing past relevant work, the Commissioner must find 14 that the claimant is not disabled. 20 C.F.R. §§ 404.1520(f), 416.920(f). If the 15 claimant is incapable of performing such work, the analysis proceeds to step five. 16 At step five, the Commissioner should conclude whether, in view of the 17 claimant’s RFC, the claimant is capable of performing other work in the national 18 economy. 20 C.F.R. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). In making this 19 determination, the Commissioner must also consider vocational factors such as the 20 claimant’s age, education, and past work experience. 20 C.F.R. §§ 21 1 404.1520(a)(4)(v), 416.920(a)(4)(v). If the claimant is capable of adjusting to other 2 work, the Commissioner must find that the claimant is not disabled. 20 C.F.R. §§ 3 404.1520(g)(1), 416.920(g)(1). If the claimant is not capable of adjusting to other 4 work, analysis concludes with a finding that the claimant is disabled and is therefore 5 entitled to benefits. 20 C.F.R. §§ 404.1520(g)(1), 416.920(g)(1). 6 The claimant bears the burden of proof at steps one through four above. 7 Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999). If the analysis proceeds to 8 step five, the burden shifts to the Commissioner to establish that (1) the claimant is 9 capable of performing other work; and (2) such work “exists in significant numbers 10 in the national economy.” 20 C.F.R. §§ 404.1560(c)(2), 416.960(c)(2); Beltran v. 11 Astrue, 700 F.3d 386, 389 (9th Cir. 2012). 12 ALJ’S FINDINGS 13 At step one, the ALJ found Plaintiff has not engaged in substantial gainful 14 activity since March 1, 2019, the amended alleged onset date. Tr. 20. At step two, 15 the ALJ found that Plaintiff has the following severe impairments: major depressive 16 disorder, posttraumatic stress disorder, borderline personality disorder, somatic 17 symptom disorder, bipolar disorder, and substance abuse. Tr. 20. 18 At step three, the ALJ found that Plaintiff does not have an impairment or 19 combination of impairments that meets or medically equals the severity of one of the 20 listed impairments. Tr. 21. The ALJ then found that Plaintiff has the residual 21 1 functional capacity to perform a full range of work at all exertional levels with the 2 following additional nonexertional limitations: 3 The claimant can understand, remember, and carry out simple, repetitive, one to two step instructions, make commensurate work 4 related decisions, respond appropriately to supervision, co-workers, and work situations, deal with routine changes in the work setting and 5 maintain concentration, persistence, and pace for up to and including two hours at a time with normal breaks throughout a normal workday, 6 and is suitable for jobs requiring only occasional interaction with the public an co-workers and only occasional changes in the work setting. 7 Tr. 22. 8 At step four, the ALJ found that Plaintiff has no past relevant work. Tr. 26. 9 At step five, after considering the testimony of a vocational expert and Plaintiff’s 10 age, education, work experience, and residual functional capacity, the ALJ found 11 that there are jobs that exist in significant numbers in the national economy that 12 Plaintiff can perform such as laundry worker, cleaner, and landscaper. Tr. 27. Thus, 13 the ALJ determined that Plaintiff has not been under a disability, as defined in the 14 Social Security Act, from March 1, 2019, through the date of the decision. Tr. 28. 15 ISSUES 16 Plaintiff seeks judicial review of the Commissioner’s final decision denying 17 disability income benefits under Title II and supplemental security income under 18 Title XVI of the Social Security Act. ECF No. 7. Plaintiff raises the following 19 issues for review: 20 1. Whether the ALJ properly considered Plaintiff’s symptom testimony; 21 1 2. Whether the ALJ properly considered the medical opinion evidence; and 2 3. Whether the step two finding that Plaintiff’s kidney stone disease is not 3 severe is supported by substantial evidence. 4 ECF No. 7 at 1. 5 DISCUSSION 6 A. Symptom Testimony 7 An ALJ engages in a two-step analysis to determine whether to discount a 8 claimant’s testimony regarding subjective symptoms. Social Security Ruling 16- 9 3p, 2017 WL 5180304, at *2 (effective October 25, 2017). “First, the ALJ must 10 determine whether there is objective medical evidence of an underlying 11 impairment which could reasonably be expected to produce the pain or other 12 symptoms alleged.” Molina, 674 F.3d at 1112 (quotation marks omitted). “The 13 claimant is not required to show that [the claimant’s] impairment could reasonably 14 be expected to cause the severity of the symptom [the claimant] has alleged; [the 15 claimant] need only show that it could reasonably have caused some degree of the 16 symptom.” Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir. 2009). 17 Second, “[i]f the claimant meets the first test and there is no evidence of 18 malingering, the ALJ can only reject the claimant's testimony about the severity of 19 the symptoms if [the ALJ] gives ‘specific, clear and convincing reasons’ for the 20 rejection.” Ghanim v. Colvin, 763 F.3d 1154, 1163 (9th Cir. 2014) (citations 21 1 omitted). General findings are insufficient; rather, the ALJ must identify what 2 symptom claims are being discounted and what evidence undermines these claims. 3 Id. (quoting Lester v. Chater, 81 F.3d 821, 834 (9th Cir. 1995); Thomas v. 4 Barnhart, 278 F.3d 947, 958 (9th Cir. 2002) (requiring the ALJ to sufficiently 5 explain why it discounted claimant's symptom claims)). 6 “The clear and convincing [evidence] standard is the most demanding 7 required in Social Security cases.” Garrison v. Colvin, 759 F.3d 995, 1015 (9th 8 Cir. 2014) (quoting Moore v. Comm’r of Soc. Sec. Admin., 278 F.3d 920, 924 (9th 9 Cir. 2002)). Factors to be considered in evaluating the intensity, persistence, and 10 limiting effects of a claimant's symptoms include: 1) daily activities; 2) the 11 location, duration, frequency, and intensity of pain or other symptoms; 3) factors 12 that precipitate and aggravate the symptoms; 4) the type, dosage, effectiveness, and 13 side effects of any medication an individual takes or has taken to alleviate pain or 14 other symptoms; 5) treatment, other than medication, an individual receives or has 15 received for relief of pain or other symptoms; 6) any measures other than treatment 16 an individual uses or has used to relieve pain or other symptoms; and 7) any other 17 factors concerning an individual’s functional limitations and restrictions due to 18 pain or other symptoms. Social Security Ruling (SSR) 16-3p, 2017 WL 5180304, 19 at *9 (effective October 25, 2017); 20 C.F.R. §§ 404.1529(c), 416.929(c). The 20 ALJ is instructed to “consider all of the evidence in an individual’s record,” to 21 1 “determine how symptoms limit ability to perform work-related activities.” SSR 2 16-3p, at *2. 3 The ALJ found that Plaintiff’s medically determinable impairments could 4 reasonably be expected to cause the alleged symptoms, but her statements 5 concerning the intensity, persistence, and limiting effects of these symptoms are 6 not consistent with the medical and other evidence. Tr. 23. Plaintiff contends the 7 ALJ failed to provide specific, clear and convincing reasons for rejecting the 8 persistence and severity of her allegations, which led to improperly excluding 9 certain limitations in her testimony from the RFC finding. The Court agrees. 10 As an initial matter, the ALJ’s discussion of the evidence is not analytical and 11 does not explicitly state any reasons for finding Plaintiff’s symptom testimony not 12 fully persuasive. The ALJ summarized the medical record but did not articulate any 13 reasons for finding Plaintiff’s symptom statements inconsistent with the medical and 14 other evidence. The ALJ’s decision must contain specific reasons for the weight 15 given to the claimant’s symptoms, be consistent with and supported by the evidence 16 which are clearly articulated so the individual and any subsequent reviewer can 17 assess how the adjudicator evaluated the individual’s symptoms. Social Security 18 Ruling 16-3p, 2016 WL 1119029, at *9. The ALJ “must specifically identify the 19 testimony she or he finds not to be credible and must explain what evidence 20 undermines the testimony.” Holohan v. Massanari, 246 F.3d 1195, 1208 (9th Cir. 21 1 2001). While the ALJ is not required to perform a line-by-line analysis of the 2 claimant’s testimony, the ALJ is still required to do more than offer “non-specific 3 conclusions that [claimant’s] testimony was inconsistent with her medical 4 treatment.” Lambert v. Saul, 980 F.3d 1266, 1277 (9th Cir. 2020). Furthermore, An 5 ALJ does not provide specific, clear, and convincing reasons for rejecting a 6 claimant’s testimony by simply reciting the medical evidence in support of his or her 7 residual functional capacity determination. Brown-Hunter v. Colvin, 806 F.3d 487, 8 489 (9th Cir. 2015). Here, the ALJ’s recitation of the evidence falls short of 9 providing specific, clear and convincing reasons. 10 Defendant does not assert any specific reasons were identified by the ALJ 11 but notes the ALJ “highlighted objective findings” that were inconsistent, 12 “highlighted evidence” showing Plaintiff failed to comply with treatment 13 recommendations and observed daily activities that were inconsistent with 14 Plaintiff’s claimed limitations. 15 Even if the ALJ’s recitation of the evidence counted as reasons, the reasons 16 set forth are not sufficient. To the extent the ALJ referenced Plaintiff’s activities, it 17 is not apparent the activities mentioned are inconsistent with Plaintiff’s testimony. 18 The ALJ noted that Plaintiff alleged needing reminders to take medication or 19 perform housework but denied needing reminders to attend to personal care or 20 grooming. Tr. 24. If the ALJ meant to contrast these statements, it is not apparent 21 1 how they are inconsistent or undermine her testimony. The ALJ noted she reported 2 being able to go places alone; she can shop for herself; she shopped for food and 3 other items for a friend; she is able to prepare meals; she likes to read, do crafts, 4 and write. Tr. 24. Again, it is not apparent how these activities are inconsistent 5 with Plaintiff’s symptom testimony without some analysis by the ALJ. 6 Next, to the extent the ALJ intended to discount Plaintiff’s testimony based 7 on a lack of follow-through with treatment or routine and conservative mental 8 health treatment, the ALJ’s findings are insufficient. The ALJ’s recitation of the 9 record does not analyze or develop any conclusion about Plaintiff’s treatment 10 record and only notes that she failed to follow through with treatment at Frontier 11 after an intake evaluation in November 2019. Tr. 24-25. The ALJ described 12 Plaintiff’s mental health treatment as “routine and conservative” but did not 13 describe or otherwise note what the treatment was except that “[s]he required no 14 inpatient admissions.” Tr. 25. This is not sufficient to establish routine and 15 conservative treatment or a lack of treatment. 16 Otherwise, the ALJ recited the contents of mental health records, noting 17 largely positive findings. Tr. 24-25. To the extent this was intended to demonstrate 18 the objective evidence does not support the Plaintiff’s symptom statements, there is 19 insufficient analysis. Further, the ALJ’s recitation largely ignores objective 20 findings suggesting some level of impairment favorable to Plaintiff. See e.g., Tr. 21 1 809 (constricted affect, depressive and anxious mood, impaired insight, poor 2 judgment), 824 (presented as agitated, tense, and talked with pressured speech, 3 insight and judgment low), 837 (dysphoric mood), 1142 (appeared disheveled, sad 4 affect, anxious and depressed mood, poor judgment, fair concentration), 1172 5 (appears depressed and fatigued with mild disheveledness), etc. And the ALJ’s 6 discussion does not address how the evidence contradicts Plaintiff’s symptom 7 testimony or make any connection to her symptom statements. 8 B. Opinion of John Arnold, Ph.D. 9 Plaintiff contends the ALJ improperly evaluated the opinion of John Arnold, 10 Ph.D. An ALJ must consider and evaluate the persuasiveness of all medical 11 opinions or prior administrative medical findings from medical sources. 20 C.F.R. 12 § 404.1520c. Supportability and consistency are the most important factors in 13 evaluating the persuasiveness of medical opinions and prior administrative 14 findings, and therefore the ALJ is required to explain how both factors were 15 considered. 20 C.F.R. § 404.1520c(b)(2). The ALJ may, but is not required, to 16 explain how other factors were considered. 20 C.F.R. § 404.1520c(b)(2); see 20 17 C.F.R. § 404.1520c(c)(1)-(5). 18 On April 13, 2021, Dr. Arnold prepared a Psychological Assessment Report 19 based on his examination and testing of Plaintiff. Tr. 2008-13. He diagnosed 20 unspecified mood disorder/rule out bipolar disorder, PTSD, borderline personality 21 1 disorder, unspecified somatic symptom disorder, alcohol use disorder in substantial 2 remission. Tr. 2012-13. He opined that Plaintiff would have minimal difficulty 3 understanding and performing simple, less physically demanding work tasks, 4 including following basic verbal instruction; she would have moderate to marked 5 difficulty making “in the moment” judgments and performing complex work tasks, 6 especially tasks involving multitasking and persistent focus and pace; her adaptation 7 to a work setting would be extremely difficult due to a history of decompensating 8 interpersonally under stress; she has marked interpersonal difficulties generally; she 9 does not appear to be capable of working gainfully; she may fare better with 10 independent work; she is a risk to herself and others around automation and 11 machinery; she may miss work for significant periods due to psychogenic overlay 12 which more than likely precludes successful completion of a probationary period let 13 alone advancement. Tr. 2013. 14 The ALJ found Dr. Arnold’s opinion is not persuasive. Tr. 25. Regarding 15 supportability, the ALJ observed Dr. Arnold supported his opinion with his 16 examination of Plaintiff. Tr. 25. The more relevant the objective medical evidence 17 and supporting explanations provided by a medical source to support his or her 18 opinion, the more persuasive the medical opinion will be. 20 C.F.R. §§ 19 404.1520c(c), 416.920c(c). Despite noting the report is supported by exam, the ALJ 20 determined the most significant findings by Dr. Arnold were a borderline ability to 21 1 perform abstractions and mixed general fund of information, “nothing that would 2 support marked limitations in any area.” Tr. 26. Yet, Dr. Arnold noted MSE findings 3 that she “seemed dramatic at times,” her mood was severely depressed and 4 moderately anxious, and she was tearful at times. Tr. 2011. Further, the ALJ’s 5 dismissal of the supportability of the opinion based on two MSE findings does not 6 take into account the clinical interview, Dr. Arnold’s review of the record, or his 7 clinical testing. The ALJ may not arbitrarily substitute his or her own judgment for 8 competent medical opinion or make independent medical findings. Tackett, 180 F.3d 9 at 1102-03. This scant finding is not supported by substantial evidence. 10 Regarding consistency, the ALJ found Dr. Arnold’s opinion is not consistent 11 with the record overall. Tr. 26. The more consistent a medical opinion is with the 12 evidence from other medical sources and nonmedical sources in the claim, the more 13 persuasive the medical opinion will be. 20 C.F.R. §§ 404.1520c(c), 416.920c(c). 14 The ALJ referenced Plaintiff’s “routine, conservative, and nearly non-existent” 15 mental health treatment until August 2022 and observed she had no inpatient 16 admissions for mental health treatment for this period. However, a lack of mental 17 health treatment is not a substantial basis to conclude that a doctor’s assessment of 18 the claimant’s condition is inaccurate. See Nguyen v. Chater, 100 F.3d 1462, 1465 19 (9th Cir. 1996). The ALJ also generally cited mental status exam findings within 20 normal limits starting in August 2022. However, as discussed above, the ALJ did 21 1 not reasonably consider the entire record or meaningfully evaluate any findings more 2 favorable to Plaintiff. Accordingly, this finding is not supported by substantial 3 evidence. 4 C. Step Two 5 Plaintiff contends the ALJ erred at step two by finding Plaintiff’s kidney stone 6 disease is non-severe. At step two of the sequential process, the ALJ must determine 7 whether there is a medically determinable impairment established by objective 8 medical evidence from an acceptable medical source. 20 C.F.R. §§ 404.1521, 9 416.921. A statement of symptoms, a diagnosis, or a medical opinion does not 10 establish the existence of an impairment. Id. After a medically determinable 11 impairment is established, the ALJ must determine whether the impairment is 12 “severe;” i.e., one that significantly limits his or her physical or mental ability to do 13 basic work activities. 20 C.F.R. §§ 404.1520(c) 416.920(c). However, the fact that 14 a medically determinable condition exists does not automatically mean the 15 symptoms are “severe” or “disabling” as defined by the Social Security regulations. 16 See e.g. Edlund, 253 F.3d at 1159-60; Key v. Heckler, 754 F.2d 1545, 1549-50 (9th 17 Cir. 1985). 18 The ALJ found Plaintiff’s kidney stones are non-severe, Tr. 20, and did not 19 mention kidney stones again in the decision. Plaintiff contends the ALJ failed to 20 consider evidence in the record she contends constitute signs, symptoms, and 21 1 laboratory findings of a severe kidney stone impairment. Defendant observes 2 Plaintiff only cites records cited by the ALJ and contends the ALJ’s finding should 3 be upheld. 4 Even if the ALJ’s step two finding is supported by substantial evidence, step 5 two is not meant to identify the impairments that should be considered when 6 determining the RFC. Buck v. Berryhill, 869 F.3d 1040, 1048–49 (9th Cir. 2017). 7 In fact, “[i]n assessing RFC, the adjudicator must consider limitations and 8 restrictions imposed by all of an individual's impairments, even those that are not 9 ‘severe.’” Social Security Ruling (S.S.R.) 96-8p, 1996 WL 374184, at *5 (July 2, 10 1996); Thus, the ALJ must consider the effect of all impairments, including 11 medically determinable but non-severe impairments, in evaluating the RFC. 20 12 C.F.R. §§ 404.1545(a)(2), 416.945(a)(2). 13 Plaintiff testified she experiences frequent and urgent need to use the 14 restroom based on her on chronic kidney stones. Yet the ALJ did not consider such 15 testimony in evaluating Plaintiff’s RFC and did not provide any reasons for 16 discounting her symptom statements related to kidney stones. Since this matter is 17 remanded on other grounds, on remand the ALJ shall conduct a new sequential 18 evaluation and explain how Plaintiff’s symptom testimony regarding kidney stones 19 is considered. 20 21 1 CONCLUSION 2 Having reviewed the record and the ALJ’s findings, this Court concludes the 3 || ALJ’s decision is not supported by substantial evidence and free of harmful legal error. 4|| The Court finds that further administrative proceedings are appropriate. See Treichler 5|| v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1103-04 (9th Cir. 2014). 6 Accordingly, 7 1. Plaintiff's Brief, ECF No. 7, is GRANTED in part and denied in part. It 8 is granted in part regarding Plaintiff's request to remand. It is denied in 9 part regarding Plaintiff's request that the Court reverse the findings of the 10 Commissioner and award benefits. 11 2. Defendant’s Brief, ECF No. 9, is DENIED. 12 3. This case is REVERSED and REMANDED for further administrative 13 proceedings consistent with this Order pursuant to sentence four of 42 14 U.S.C. § 405(g). 15 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and provide copies to counsel. Judgment shall be entered for Plaintiff and the file 17]|| shall be CLOSED. 18 DATED March 31, 2026. 20 —"LONNY R.SUKO Senior United States District Judge 21 ORDER REVERSING AND REMANDING THE CAOMNTS STONER? DECTOION CAR ETIRP THER DPOCEERNINGS 10