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

Yolanda V. v. Andrew M. Saul

Published: Apr. 2, 2021 | Result Date: Mar. 10, 2021 |

Case number: 19-cv-1856-DEB Bench Decision –  Plaintiff

Judge

Daniel E. Butcher

Court

USDC Southern District of California


Attorneys

Petitioner

Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)


Respondent

Katherine L. Parker
(Office of the U.S. Attorney)

Sharon Lahey
(Social Security Administration)

Carol S. Clark
(Social Security Administration)


Facts

Plaintiff Yolanda V. sought review of the Commissioner of Social Security's decision denying plaintiff's application for disability insurance benefits under the Social Security Act.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended the administrative law judge gave little weight to her psychiatrist's opinions. Specifically, Plaintiff contended Defendant's conclusion that Dr. Mao's opinions was not supported since Dr. Mao did not treat Plaintiff for a sufficient length of time, was not a proper basis for discounting the opinion. Additionally, Plaintiff contended the ALJ also erroneously gave Dr. Mao's opinion less weight because it was rendered in a checklist-style form and was not supported by objective clinical findings.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and contended Plaintiff's disability application was denied because Plaintiff did not suffer from an impairment or combination of impairments that medically qualified as disabled.

Result

The court ruled in Plaintiff's favor after it determined the ALJ's reasons for rejecting Dr. Mao's opinions were not supported by substantial evidence in the record.


#136904

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

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