Sandra Scolari v. Kilolo Kijakazi
Published: Jan. 13, 2023 | Result Date: Oct. 11, 2022 | Filing Date: Jul. 11, 2021 |Case number: 3:21-cv-01250-BLM Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Defendant
Tina L. Naicker
(Social Security Administration)
Facts
On May 8, 2018, Sandra Scolari filed a Title II application for a period of disability and disability insurance benefits alleging disability beginning on April 30, 2018. The claims were denied initially on December 17, 2018, and upon reconsideration on May 6, 2019, resulting in Plaintiff's request for an administrative hearing on June 21, 2019. On May 5, 2020, a telephonic hearing was held before Administrative Law Judge (ALJ) Randolph E. Schum. On May 15, 2020, Schum issued a written decision that he had determined that Scolari had not been under a disability since April 30, 2018. Scolari appealed but the Appeals Council denied review of the ruling. On July 11, 2021, Scolari filed a lawsuit seeking judicial review of the dismissal.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the ALJ failed to articulate clear and convincing reasons in addressing her symptom testimony. Plaintiff further contended that a lack of objective medical evidence could not be the sole basis for discounting her pain testimony and that the ALJ could not rely on her daily activities for discounting her testimony where those activities did not contradict her testimony and were not transferable to a work setting.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff had not engaged in a substantial gainful activity during the relevant time period and that her alleged impairments were not severe as defined in the regulation since the impairments permitted her to perform light work. Moreover, defendant contended that the ALJ properly discounted plaintiff's unsupported testimony.
Result
The court granted defendant's cross-motion for summary judgment.
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