Mario Jimenez Rodriguez v. Andrew M. Saul
Published: Mar. 13, 2020 | Result Date: Dec. 23, 2019 | Filing Date: Dec. 30, 2015 |Case number: 19-CV-805-CAB-KSC Summary Judgment – Plaintiff
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Justin M. Prato
(Prato & Reichman APC)
Defendant
Katherine L. Parker
(Office of the U.S. Attorney)
Sharon Lahey
(Social Security Administration)
Facts
On Dec. 30, 2015, Mario Rodriquez applied for Disability Insurance Benefits under Title II of the Social Security Act. The Administrative Law Judge found that Rodriquez was not disabled and ineligible for relief. Rodriguez then petitioned for review in the district court.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was blind and unable to drive. Plaintiff contended that this handicap rendered him unable to work.
DEFENDANT'S CONTENTIONS: Defendant contended that although plaintiff suffered from visual impairment, he could perform jobs available in the national economy, like silver wrapper and garment sorter.
Result
The court granted plaintiff's motion for summary judgment. The Dictionary of Occupational Titles held that both silver wrapper and garment sorter required minimal reading capability. Plaintiff's visual impairment prevents him from reading. The ALJ improperly credited the vocational expert's testimony as a basis for the disability denial, as it diverged from the DOT.
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