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)

Tamara Krebs v. Nancy A. Berryhill

Published: Jun. 28, 2019 | Result Date: Apr. 23, 2019 |

Case number: 5:18-cv-01451-AFM Bench Decision –  Plaintiff

Judge

Alexander F. MacKinnon

Court

CD CA


Attorneys

Plaintiff

Michelle J. Shvarts
(Disability Advocates Group)


Defendant

Jean M. Turk
(Social Security Administration)


Facts

Plaintiff Tamara Krebs sought judicial review of the Commissioner's final decision denying her application for disability insurance benefits.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she became disabled on March 1, 2014. Plaintiff alleged that she had difficulty standing or walking for more than ten minutes at a time, had to rest for at least six hours a day, and had trouble lifting, sitting, and handling stress.

DEFENDANT'S CONTENTIONS: The Administrative Law Judge alleged that plaintiff's generally disabling symptoms and limitations are not corroborated by the evidence in the record. Additionally, the ALJ contended that plaintiff's subjective complaints were inconsistent with the objective medical evidence. Further, defendant contended that plaintiff's testimony was not credible.

Result

The court found that the ALJ failed to provide specific findings supporting its conclusion that plaintiff's testimony was not consistent. The court found in favor of plaintiff and reversed the decision of the Commissioner and remanded the matter for further administrative proceedings.


#132125

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

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