Brian A. Tsuchida
How Judge Tsuchida rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Tsuchida decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces the 9th-Cir. medical-opinion framework strictly in SS appeals: an examining physician's opinion may be discounted only for specific-and-legitimate reasons supported by substantial evidence, and the bare fact that a source examined the claimant only once is NOT, without more, such a reason. Cano, Dkt. 15 (2024-05-23).
“the ALJ's reliance on Dr. Widlan's role as a one-time examining physician, without more, is not a specific and legitimate reason for rejecting his opinion.”
In evaluating symptom testimony, he distinguishes ordinary daily tasks from activities that demand sustained physical, social, and cognitive effort. In Carter, caregiving for seriously ill relatives and participating in improv classes supported the administrative law judge's assessment of the claimant's alleged limitations.
“The ALJ could reasonably conclude plaintiff’s ability to provide care for multiple family members experiencing end-of-life needs, cancer, surgery, and other health challenges, as well as her ability to participate in an activity such as improv requiring physical activity, mental acuity, and performing for an audience, was inconsistent with her allegations of disabling physical and mental limitations.”
Procedural preferences
Will reverse where the ALJ overlooks disabling limitations in a medical opinion or substitutes his own lay reading of raw medical data, but remands for further proceedings rather than an immediate award of benefits unless the Garrison credit-as-true requirements are met. Cano, Dkt. 15.
“as a lay person, an ALJ is 'simply not qualified to interpret raw medical data in functional terms.' ... Plaintiff's request for remand for an award of benefits is, therefore, denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Commissioner's final decision is REVERSED, and this case is REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).”
“ORDER AFFIRMING THE COMMISSIONER AND DISMISSING THE CASE WITH PREJUDICE signed by Hon. Brian A Tsuchida.”
“For the foregoing reasons, the Commissioner’s decision is AFFIRMED and this case is DISMISSED with prejudice.”
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