Alisa Marie Eyvonne Gomez Washington v. Andrew M. Saul
Published: Nov. 27, 2020 | Result Date: Jul. 16, 2020 | Filing Date: May 14, 2019 |Case number: CV 19-4185-JPR Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)
Defendant
Jennifer A. Kenney
(Social Security Administration)
Facts
Plaintiff Alisa Marie Eyvonne G.W., a 38 year old woman worked part time in the retail industry from 1996 to 1998. From 1998 to 2005, plaintiff worked as a caregiver full time and from 1999 to 2004, she worked part time in real estate. In 2015, plaintiff applied for social security disability benefits claiming she was not able to work due to posttraumatic stress disorder, chronic pulmonary diseases, depression, severe anxiety, asthma and lower lumbar damage. The Commissioner of Social Security denied her application for disability insurance benefits. Plaintiff appealed the decision before an administrative law judge. The administrative law judge denied plaintiff disability benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contented that the ALJ failed to recognize the consulting examiner's psychological examination of plaintiff wherein he opined that plaintiff could only "remember and comply with simple one and two part instructions" and "concentrate just adequately for a low-demand regular work schedule." Plaintiff contended that the examiner's opinion was not included in determining whether plaintiff has sufficient residual functional capacity.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.
Result
The district court reversed the commissioner's decision granting plaintiff's request for remand for further investigation.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390