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
Denial of Social Security Benefits

Kathleen Eiswald v. Nancy A. Berryhill

Published: Nov. 15, 2019 | Result Date: Jul. 12, 2019 |

Case number: 18-cv-03714-LB Summary Judgment –  Plaintiff

Judge

Laurel D. Beeler

Court

USDC Northern District of California


Attorneys

Plaintiff

Raymond J. Austin
(Homeless Action Center)


Defendant

Carolyn B. Chen
(Social Security Administration)

Sara Winslow
(Office of the U.S. Attorney)


Facts

Plaintiff Kathleen Eiswald applied for disability insurance benefits and supplemental social security income under the social security act. Eiswald's application was denied initially and on reconsideration. Eiswald then requested a hearing before an administrative law judge, who determined that Eiswald suffered from the severe impairments of anxiety disorder, bipolar disorder, left De Quervain's syndrome of the wrist and status post-breast cancer, but was not disabled. Eiswald filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant did not give the appropriate amount of weight to the medical testimony provided and additionally improperly weighed the non-medical evidence by improperly concluding that plaintiff did not meet the mental-health listing criteria without sufficient evidence. Additionally, plaintiff contended that defendant's assessment of plaintiff's residual functional capacity was unsupported by valid evidence.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that he gave the appropriate amount of weight to the medical testimony provided. Defendant further contended that she properly assessed plaintiff's impairments in her RFC.

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 did not provide sufficient reasons for not giving more weight to the medical testimony.


#133584

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

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