Nicholas Zavala Cisneros v. Andrew Saul
Published: Feb. 26, 2021 | Result Date: Jan. 22, 2021 | Filing Date: Sep. 18, 2019 |Case number: 1:19-cv-01307-GSA Bench Decision – Plaintiff
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jonathan O. Pena-Mancinas
(Pena & Bromberg PC)
Defendant
Carol S. Clark
(Social Security Administration)
Benjamin E. Hall
(Office of the U.S. Attorney)
Facts
Plaintiff Nicholas Zavala Cisneros sought review of the Defendant Commissioner of Social Security, after Defendant denied Plaintiff's application for disability insurance benefits and supplemental security income. Plaintiff previously worked as a prep cook at a casino for 15 years when he injured his lower back lifting a tray of chicken. Defendant applied for disability insurance benefits and supplemental security income but was denied.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant erred when it discounted the diagnosis of Dr. Nijjar, who diagnosed Plaintiff with a sprain/strain of the lumbar spine, without identifying any specific legitimate reasons. Specifically, Plaintiff contended Defendant erred when it discounted Dr. Nijjar's opinion that Plaintiff could lift no more than 30 pounds with no repetitive twisting of the body because that opinion was a Workers Compensation evaluation, that ultimately relied on different standards from the Social Security disability standards.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and moved for summary judgment.
Result
The court entered judgment in favor of Plaintiff and against Defendant Commissioner of Social Security, after it concluded the ALJ improperly discounted Dr. Nijjar's opinion with insufficient reasoning because it depended on different standards than Social Security.
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