Gilberto F. E. v. Andrew Saul
Published: Sep. 11, 2020 | Result Date: Jul. 7, 2020 | Filing Date: Jun. 19, 2019 |Case number: 2:19-cv-05368-AFM Bench Decision – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
James P. Shea
Gilberto F. E.
Defendant
Jean M. Turk
(Social Security Administration)
Andrew Saul
Facts
Plaintiff Gilberto F. E. applied for disability insurance benefits claiming that he has been disabled since February 12, 2014. Plaintiff's application was denied. After an administrative hearing before an administrative law judge, the ALJ found that plaintiff was disabled since February 12, 2014 but that his period of disability ended on July 19, 2015. The ALJ reasoned that beginning on July 19, 2015, plaintiff was able to work with limitations such as lifting 5 to 15 pounds occasionally; standing for more than 2 hours during a regular 8 hour workday; walking for more than 2 hours on a regular 8 hour workday and being able to work on uneven surfaces. Plaintiff requested the Appeals Council to review the ALJ decision. However, the Appeals Council denied plaintiff's request rendering the decision of the Commissioner of Social Security as final.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the Commissioner's decision should be reversed because the ALJ erred in determining whether plaintiff could do any other work. Plaintiff contended that the ALJ should have found him disabled because the vocational expert opined that plaintiff could only perform sedentary work as of February 4, 2017 when plaintiff reached the age of 50.
DEFENDANT'S CONTENTIONS: Defendant contended that the vocational expert identified several occupations that a person similar to plaintiff could perform which led the ALJ to conclude that plaintiff was not disabled.
Result
The court reversed the ALJ's decision and found that plaintiff has been disabled from February 4, 2017 through the present date.
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