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Government
Social Security Administration
Review of HHS Decision (DIWC)

Nancy Rimsha v. Nancy A. Berryhill

Published: May 10, 2019 | Result Date: Mar. 22, 2019 |

Case number: SA CV 17-434-SP Bench Decision –  Plaintiff

Judge

Sheri Pym

Court

CD CA


Attorneys

Plaintiff

Troy D. Monge
(Law Office of Martin Taller APC)


Defendant

Tova D. Wolking
(Social Security Administration)


Facts

Plaintiff Nancy Rimsha sought judicial review of a denial of disability insurance benefits by the Commissioner of Social Security.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ failed to properly assess the credibility of her testimony and complaints. Additionally, plaintiff contended the reasons the ALJ cited for discounting her testimony was not clear and convincing and supported by substantial evidence. Plaintiff alleged that the ALJ failed to properly consider the opinions of her treating physicians, Dr. Patricia Hong and Dr. Randy Lehmar.

DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ discounted plaintiff's credibility because her symptoms were not supported by objective medical evidence. Defendant alleged that plaintiff had the residual functional capacity to perform light work and the ALJ gave great weight to the opinions of the physicians because they were supported by medical evidence. The ALJ gave no weight to the opinion of Dr. Hong because her opinion was contradictory to the evidence presented.

Result

The court found that the ALJ did not properly consider plaintiffs impairments, reversed the commissioner's decision to deny benefits and remanded the matter to the Commissioner.


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