Evangelina Martinez Perales v. Nancy A. Berryhill
Published: Apr. 12, 2019 | Result Date: Mar. 1, 2019 |Case number: 1:17-cv-01353-JLT Bench Decision – Plaintiff
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Kelsey M. Brown
(Mackenzie Legal PLLC)
Defendant
Tina L. Naicker
(Social Security Administration)
Benjamin E. Hall
(Office of the U.S. Attorney)
Facts
Evangelina Martinez Perales sought judicial review of the Commissioner of Social Security's denial of her application for a period of disability, disability insurance benefits, and supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Perales alleged the Administrative Law Judge erred in evaluating the record by failing to apply identify legally sufficient reasons to reject her credibility.
DEFENDANT'S CONTENTIONS: Defendant contended the ALJ's decision should be affirmed because no error was present in the ALJ's evaluation of Perales's subjective testimony.
Result
The court denied defendant's motion for summary judgment and remanded the matter for further proceedings. The court found the ALJ used boilerplate language addressing Perales's statements and failed to specifically identify reasons explained in the decision. Further, the court concluded the ALJ did not clearly identify reasons for rejecting Perales's credibility based on the medical record, and again used insufficient boilerplate language. The court also determined the ALJ did not identify any specific testimony believed not to be credible, but rather made general statements regarding Perales's credibility.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390