This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Government
Social Security Administration
Review of HHS Decision (DIWC)

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

Jennifer L. Thurston

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.


#131442

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390