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 (SSID)

Angie Pittaluga v. Commissioner of Social Security

Published: Dec. 27, 2019 | Result Date: Jul. 5, 2019 |

Case number: 18-cv-03067-VC Summary Judgment –  Plaintiff

Judge

Vince G. Chhabria

Court

USDC Northern District of California


Attorneys

Plaintiff

Andrea B. McEwen
(Homeless Action Center)


Defendant

Margaret I. Branick-Abilla
(Social Security Administration)


Facts

Plaintiff Angie Pittaluga applied for disability insurance benefits and supplemental social security income under the social security act. Pittaluga's application was denied initially and on reconsideration. Pittaluga then requested a hearing before an administrative law judge, who determined that Pittaluga suffered from the severe impairment of methamphetamine addiction, but was not disabled. Pittaluga filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant improperly determined that her methamphetamine addiction would not be limiting in the absence of the drug, was not supported by legally sufficient evidence.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that he appropriately assessed the severity of plaintiff's impairment.

Result

The court entered judgment granting plaintiff's motion for summary judgment and denying defendant's cross-motion for summary judgment. The court also remanded the case for further proceedings on the grounds that defendant's conclusion was unsupported by valid evidence.


#133583

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

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