Ramon A. Manuel, Jr. v. Nancy A. Berryhill
Published: Mar. 20, 2020 | Result Date: Jan. 7, 2020 |Case number: CV 18-9669-AGR Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Patricia L. McCabe
(Law Office of Patricia L. McCabe)
Kristin E. Berk
(Law Office of Patricia L. McCabe)
Defendant
Jean M. Turk
(Social Security Administration)
Facts
Plaintiff Ramon Manuel Jr., sought judicial review the denial of plaintiff's application for disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the administrative law judge's conclusion was inconsistent with plaintiff's residual functional capacity assessment, which precluded plaintiff from working around noise.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions and further contended that it would have defied common sense if plaintiff had been precluded from working around any noise whatsoever on record. Defendant also contended the ALJ had not explicitly expressed what level of noise exposure was accepted.
Result
The court found for the plaintiff and reversed and remanded the ALJ's decision.
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