Karey Glaviano v. Andrew M. Saul
Published: Jan. 15, 2021 | Result Date: Jul. 21, 2020 |Case number: 8:19-cv-01540-KES Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Lawrence D. Rohlfing
(Law Offices of Lawrence D. Rohlfing)
Defendant
Paul H. Sachelari
(Social Security Administration)
Facts
Plaintiff Karey Glaviano sought judicial review of a final decision by the Commissioner of Social Security denying Plaintiff's application for Social Security Disability Insurance Benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the administrative law judge erred when it determined Plaintiff was not disabled and failed to provide sufficient evidence that would have supported Defendant's conclusion. Plaintiff contended Defendant improperly weighed two medical opinions and failed to include in Plaintiff's residual functional assessment that she was limited to sitting for no more than six hours. Lastly Plaintiff contended Defendant improperly assessed Plaintiff's residual functional capacity.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and contended Plaintiff was not considered disabled because Plaintiff maintained a residual functional capacity that allowed Plaintiff to work as a charge account clerk, touch up screener, or as a table worker.
Result
The court granted Plaintiff's motion for summary judgment, concluding that Defendant failed to include Plaintiff was limited to sitting for no more than six hours when Defendant assessed Plaintiff's RFC.
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