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Government
Social Security Administration
Disability Insurance Benefits

Tracy L.B. v. Kilolo Kijakazi

Published: Mar. 8, 2024 | Result Date: Oct. 27, 2023 | Filing Date: Dec. 9, 2022 |

Case number: 5:22-cv-02185-RAO Bench Decision –  Reversed

Judge

Rozella A. Oliver

Court

CD CA


Attorneys

Plaintiff

Steven G. Rosales
(Law Office of Lawrence D. Rohlfing)


Defendant

Paul H. Sachelari
(Social Security Administration)


Facts

In January 2020, Tracy L.B. filed an application for disability insurance benefits and Social Security Income (SSI), alleging disability beginning October 30, 2019. Her application was denied six months later. She requested a hearing before an administrative law judge (ALJ) which took place in September 2021. The ALJ found, among others, that though Tracy had a severe impairment of degenerative disc disease because of a lumbar fusion, she did not have an impairment that met the list of severe impairments. Tracy challenged the decision thereafter.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ failed to properly consider her subjective symptom testimony. Specifically, the ALJ failed to provide specifics or clearly delineate her conclusion with plaintiff's testimony and other evidence. Plaintiff provided medical evidence that her doctor had imposed restrictions on her to not strain her back; that she could not walk consistently; that her lumbar spine surgery limited her mobility in every way causing her condition to worsen; that she experiences a lot of pain; she could only stand up and walk for about 30 minutes.

DEFENDANT'S CONTENTIONS: Defendant argued that plaintiff's testimony was properly evaluated and regardless, the ALJ had also noted that plaintiff's treatment history undermined her allegations of disabling symptoms.

Result

The court agreed with plaintiff, noting that though the ALJ summarized plaintiff's hearing testimony, she did not analyze its credibility in relation to plaintiff's provided evidence including the notes from plaintiff's treating physicians, objective medical records, plaintiff's daily activities, work record, etc. Consequently, based on the ALJ's decision, there was no way to determine whether plaintiff's hearing testimony was dismissed for legitimate or arbitrary reasons. The denial of plaintiff's disability and SSI applications were reversed and remanded for further assessment.


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