Carrie N. v. Andrew M. Saul
Published: May 7, 2021 | Result Date: Mar. 31, 2021 | Filing Date: Nov. 6, 2019 |Case number: ED CV 19-2129-SP Bench Decision – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
William M. Kuntz
(William M. Kuntz PLC)
Defendant
Jean M. Turk
(Social Security Administration)
Facts
Plaintiff, 54 years old, is a high school graduate with some college education. Plaintiff has past relevant work in a composite job consisting of customer complaint clerk, customer service supervisor, appointment clerk, and data entry clerk. On July 22, 2016, Plaintiff filed an application for a period of disability and disability insurance benefits, claiming she suffered from post tachycardia syndrome, headaches, fainting episodes, and nausea. Her application was denied.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she has a disability. Plaintiff contended the Administrative Law Judge ignored her testimony or failed to consider it in any meaningful way. Plaintiff contended the ALJ's residual functional capacity determination did not properly account for all the evidence on record. Lastly, Plaintiff contended the ALJ failed to properly consider later medical evidence.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defendant contended the plaintiff had not engaged in substantial gainful activity since February 1, 2016. Defendant contended Plaintiff had the RFC to perform a range of work at all exertional levels but with certain non-exertional limitations. Defendant contended Plaintiff was not under a disability, as defined in the Social Security Act.
Result
The court reversed the Commissioner's denial of benefits and remanded the matter to the Commissioner for further administrative action.
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