Belia T. v. Andrew M. Saul
Published: Jul. 16, 2021 | Result Date: Jun. 16, 2021 | Filing Date: May 19, 2020 |Case number: 2:20-cv-04513-PLA Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Kristin E. Berk
(Law Office of Patricia L. McCabe)
Patricia L. McCabe
(Law Office of Patricia L. McCabe)
Defendant
Michael K. Marriott
(Social Security Administration)
Facts
Plaintiff Belia T. was born in 1955 and has past relevant work experience as a home attendant. In 2016, plaintiff filed applications for a period of disability, Disability Insurance Benefits, and Supplemental Security Income, alleging an inability to work since March 2013. Plaintiff's applications were denied. An Administrative Law Judge held that plaintiff was not under a disability from March 2013 through February 2019. The Appeals Council affirmed. Plaintiff filed an action seeking review of the Commissioner's denial of her applications for a period of disability, DIB, and SSI payments.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the ALJ erred in evaluating the medical evidence and opinions and in determining plaintiff's residual functional capacity by failing to give proper weight to evidence from the treating physician. Plaintiff contended the ALJ erred in determining plaintiff's severe impairments by basing his findings on the fact there were no imaging findings in the record regarding the severe upper extremities. Plaintiff contended the ALJ erred by evaluating plaintiff's subjective symptom testimony because the record did not show mild findings and failed to identify plaintiff's limited daily activities.
DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions.
Result
Plaintiff's request for remand was granted and the decision of the Commissioner was reversed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390