Christina M. Warren v. Kilolo Kijakazi
Published: Apr. 7, 2023 | Result Date: Nov. 17, 2022 | Filing Date: Feb. 18, 2022 |Case number: 5:22-cv-00317-AS Bench Decision – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Mark E. Ver Planck
( The Law Offices of Bill LaTour)
Defendant
Tina L. Naicker
(Social Security Administration)
Facts
Christina W. filed a disability benefits application on October 9, 2019, stating an onset date of August 1, 2018. Her application was denied both initially and on reconsideration. After requesting a hearing before an Administrative Law Judge (ALJ), a hearing was held on February 25, 2021. Christina and a vocational expert, Corinne Porter, testified. The ALJ found that Christina had the following impairments: lumbar spine degenerative disk disease, Type II diabetes, osteoarthritis, and plantar fasciitis. However, the ALJ also found that she could still perform work, including her past work as an assistant manager and therefore denied her benefits' request. The Appeals Council denied Christina's request for review and she then sought review with the district court.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ erred in assessing her subjective complaints, as the ALJ failed to provide specific, clear and convincing reasons for rejecting her subjective complaints. Moreover, plaintiff argued that lack of supporting objective medical evidence was not an appropriate reason for discounting her subjective complaints.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ properly assessed plaintiff's subjective complaints.
Result
The Commissioner's decision was reversed and the matter remanded.
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