Betsy Smith-Lipska v. Nancy A. Berryhill
Published: Mar. 8, 2019 | Result Date: Jan. 23, 2019 |Case number: 2:17-cv-02205-AC Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jared T. Walker
(Law Office of Jared T. Walker)
Defendant
Michael K. Marriott
(Social Security Administration)
Edward A. Olsen
(Office of the U.S. Attorney)
Facts
Betsy Smith-Lipska filed applications for disability insurance benefits and supplemental security income benefits, which were denied both initially and on reconsideration. Smith-Lipska then requested a hearing in front of an administrative law judge. The ALJ found that she was not disabled and denied her applications for benefits. After the Appeals Councils denied her request for review, Smith-Lipska filed suit against Nancy Berryhill seeking judicial review of the denial.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the ALJ erred by finding that she had obtained transferable skills while working as a food service supervisor at a grocery store, and that the ALJ failed to acknowledge requirements that were specific to her advanced age.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ correctly identified that plaintiff had transferable skills based upon the vocational expert testimony. Defendant also contended that the ALJ and the vocational expert made a specific finding on the issue of plaintiff's age and addressed it adequately.
Result
The court granted defendants motion for summary judgment and affirmed the defendant's decision denying plaintiff's application and finding her not disabled.
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