Facts

Plaintiff Sophina Phillipina sought judicial review of a final decision by defendant Commissioner of Social Security in relation to the denial of her application for supplemental security income.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she rebutted the presumption that she engaged in substantial gainful activity by establishing that a portion of her income was received through welfare payments. Plaintiff contended that she received $788 dollars per month because she had temporary custody of her grandchildren while her daughter was in custody.

DEFENDANT'S CONTENTIONS: Defendant contended that at step one of the sequential analysis, plaintiff was not entitled to benefits because she had engaged in substantial gainful activity since she filed her application. Defendant alleged that the ALJ reviewed plaintiffs earning reports and presumed that based on her earnings she engaged in substantial gainful activity.

Result

Plaintiff's motion for summary judgment was granted by the court and the Commissioner's cross-motion for summary judgment was denied.