Isis Avina v. Andrew M. Saul
Published: Mar. 6, 2020 | Result Date: Aug. 2, 2019 |Case number: 18-cv-01728-W-MSB Summary Judgment – Plaintiff
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Cyrus Safa
(Law Offices of Lawrence D. Rohlfing)
Defendant
Katherine L. Parker
(Office of the U.S. Attorney)
Sharon Lahey
(Social Security Administration)
Facts
Plaintiff Isis Avina applied for disability insurance benefits and supplemental social security income under the social security act. Avina's application was denied initially and on reconsideration. Avina then requested a hearing before an administrative law judge, who determined she was not disabled. Avina filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant improperly rejected plaintiff's testimony regarding her symptoms, pain, and level of limitations and additionally claimed that defendant did so without legally valid reasons.
DEFENDANT'S CONTENTIONS: Defendant denied all allegations and contended that Avina suffered from multilevel degenerative disc disease of the lumbar spine, obesity, and major depressive disorder, and therefore, was not disabled.
Result
The court entered judgment granting plaintiff's motion for summary judgment and denying defendant's cross-motion for summary judgment. The court then reversed defendant's decision and remanded the case for further proceedings on the grounds that defendant's bases for rejecting plaintiff's testimony was legally insufficient.
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