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
Disability Insurance Benefits

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

Jean P. Rosenbluth

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.


#135368

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

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