Jou Yang v. Commissioner of Social Security
Published: Dec. 29, 2023 | Result Date: Sep. 11, 2023 | Filing Date: May 18, 2022 |Case number: 1:22-cv-00592-EPG Summary Judgment – Plaintiff
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jonathan O. Pena-Mancinas
(Pena & Bromberg PC)
Defendant
Benjamin E. Hall
(Office of the U.S. Attorney)
Facts
Jou Yang applied for Social Security supplemental security income, alleging impairments including a major left knee joint disorder, degenerative disc disease, depression, anxiety, asthma, obesity, and post traumatic stress disorder. A hearing was held before an administrative law judge who found that Yang's knee and disc disorders, depression, anxiety, and asthma were severe impairments, but the ALJ concluded the obesity was not a severe impairment, and it did not address Yang's PTSD in its decision. The ALJ concluded that Yang was not entitled to benefits.
Yang filed suit against the Commissioner of Social Security in the Eastern District of California seeking review of the ALJ's determination and the Commissioner's adverse decision.
Contentions
PLAINTIFF'S CONTENTIONS: Yang contended that the ALJ failed to consider the PTSD a severe impairment, which resulted in an incomplete mental residual functional capacity assessment; that the ALJ incorrectly concluded that Yang could perform jobs that exceeded her actual mental RFC; and that the ALJ failed to offer legitimate reasons for disregarding her subjective complaints regarding her symptoms. In particular, Yang contended that the ALJ failed to take into consideration her auditory hallucinations and flashbacks caused by her PTSD, and the effect they had on her mental RFC.
DEFENDANT'S CONTENTIONS: The defendant denied any wrongdoing. Moreover, the Commissioner specifically contended that the ALJ's failure to consider Yang's PTSD was harmless error because the ALJ accounted for her PTSD symptoms when considering her severe anxiety and depression.
Result
The court entered summary judgment in favor of Yang, and it remanded the Commissioner's decision.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390