Mary Alice Theiler
How Judge Theiler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, will reverse and remand where the ALJ discounts an examining or treating source's opinion for reasons that do not meet the specific-and-legitimate (or clear-and-convincing) standard, or where the ALJ appears to substitute a lay reading of raw medical data for a medical opinion. Roberts v. Berryhill, 2:17-cv-00410 (2017-09-21).
“ORDER RE: SOCIAL SECURITY DISABILITY APPEAL by Hon. Mary Alice Theiler. The Commissioner's decision is REVERSED and the matter is REMANDED for additional administrative proceedings.”
As a referral magistrate, her Reports and Recommendations are generally adopted by the presiding district judge, sometimes with modifications on close legal questions rather than being rejected outright -- for example a district judge adopted her recommendation to dismiss a prisoner's Section 1983 claim under Younger abstention, but modified the recommended remedy from dismissal to a stay for the damages claim under intervening Ninth Circuit precedent.
“the Court ADOPTS in part the Report and Recommendation and REMANDS this matter to Judge Theiler to consider whether this action should proceed or be stayed.”
Procedural preferences
Enforces local-counsel signature requirements strictly in Social Security appeals brought by out-of-state counsel appearing pro hac vice, directing plaintiffs to refile briefs that were not co-signed by local counsel before ruling on the merits. Kinney v. Berryhill, 2:17-cv-01790 (2018-07-13).
“ORDER directing plaintiff to REFILE 15 Brief - Opening filed by Alicia Marie Kinney, and 17 Brief - Reply filed by Alicia Marie Kinney. Per LCR 83.1(d)(2), all motions and other filings must be signed by local counsel.”
Grants one extension of the Social Security briefing schedule readily on an unopposed motion, but signals in the order itself that further extensions will not be granted absent extraordinary circumstances -- a recurring form instruction across her briefing-schedule orders.
“No additional extensions of defendant's responsive brief nor plaintiff's optional reply brief will be granted absent a showing of extraordinary circumstances.”
Cautions
In a prisoner civil-rights and Federal Tort Claims Act suit she handled as a referral magistrate, her Report and Recommendation was adopted with two modifications by the presiding district judge -- on the FTCA claim, the district judge granted leave to amend rather than dismissing outright once the plaintiff showed later exhaustion, and the district judge declined to adopt her analysis of an unsettled Bivens Free Exercise Clause theory. A reminder that even a generally-adopted recommendation can be modified on close or evolving legal questions. Skurdal v. Federal Detention Center, 2:12-cv-00706 (2013-07-29).
“the Court adopts the Report and Recommendation with two modifications. ... the Court declines to adopt Part III(D)(3)(a) of the Report and Recommendation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER RE: SOCIAL SECURITY DISABILITY APPEAL by Hon. Mary Alice Theiler. The Commissioner's decision is REVERSED and the matter is REMANDED for additional administrative proceedings.”
“JUDGMENT BY COURT; By Order of the Court, the decision of the Commissioner is AFFIRMED.”
“JUDGMENT BY COURT; By Order of the Court, this case is REMANDED for further administrative proceedings.”
“JUDGMENT BY COURT: By Order of the Court, this case is REMANDED for further administrative proceedings.”
“JUDGMENT BY COURT; By Order of the Court, this case is REMANDED for further administrative proceedings.”
“JUDGMENT BY COURT: By Order of the Court, the decision of the Commissioner is AFFIRMED.”
“Having considered the ALJ's decision, the administrative record (AR), and all memoranda of record, this matter is REVERSED and REMANDED for further proceedings.”
“Having considered the ALJ's decision, the administrative record (AR), and all memoranda of record, this matter is AFFIRMED.”
“ORDER re 23 Stipulated MOTION to Remand filed by Commissioner of Social Security by Hon. Mary Alice Theiler.”
“Having considered the ALJ's decision, the administrative record (AR), and all memoranda of record, this matter is AFFIRMED.”
“Having considered the ALJ's decision, the administrative record (AR), and all memoranda of record, this matter is REVERSED and REMANDED for further administrative proceedings.”
“ORDER re 14 Stipulated MOTION to Remand filed by Commissioner of Social Security by Hon. Mary Alice Theiler.”
Put Judge Theiler's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Theiler actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Theiler's own signed orders and cites them.