Stephanie Lynn Lamothe v. Andrew M. Saul
Published: Dec. 20, 2019 | Result Date: Sep. 27, 2019 |Case number: CV 18-5467-SP Bench Decision – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)
Defendant
Jennifer L. Tarn
(Social Security Administration)
Facts
Plaintiff Stephanie Lynn Lamothe applied for disability insurance benefits and supplemental social security income under the social security act. Lamothe's application was denied initially and on reconsideration. Lamothe then requested a hearing before an administrative law judge, who determined that Lamothe suffered from the severe impairments of degenerative disease of the cervical spine with disc protrusions, stenosis, and radiculopathy, degenerative disc disease of the lumbar spine with disc protrusions, stenosis, radiculopathy, and facet arthropathy, osteophytes of the thoracic spine, right shoulder impingement and tendonitis, right adhesive capsilitis and degenerative changes of the right acromioclavicular joint, right carpal tunnel syndrome, bilateral lateral epicondylitis, left nerve ulnar entrapment at the elbow, left carpal tunnel syndrome and cubital tunnel syndrome, status post left ulner nerve transposition and carpal tunnel releases, bilateral de Quervains tenosynovitis, status post bilateral tendon releases, small nerve fiber neuropathy, left trigger thumb status post release, hypertension, and hyperlipidemia, but was not disabled. Lamothe filed for judicial review.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant inadequately analyzed her testimony regarding her alleged disability. Additionally, plaintiff claimed that defendant only rejected her testimony because defendant improperly concluded that it lacked supporting objective medical evidence.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that plaintiff's medical testimony was not supported by clear and convincing, objective medical evidence. On these grounds, defendant found he properly assessed her testimony and appropriately found her to not be disabled.
Result
The court entered judgment reversing defendant's decision and remanding the case for further proceedings on the grounds that defendant did not give the appropriate amount of weight to the plaintiff's credibility nor did defendant give substantial evidence as to why he rejected it.
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