Opinion

Alhawari v. Kijakazi

Court
District Court, S.D. California
Filed
Feb 2, 2023
Cited by
0 cases
Authority
More cited than 19.2%

rejecting an ALJ adverse-credibility 17 ||determination when she merely listed medical evidence that purportedly supported her 18 || conclusion without explanation

How later courts described this case

  • rejecting an ALJ adverse-credibility 17 ||determination when she merely listed medical evidence that purportedly supported her 18 || conclusion without explanation

Written by the judges who cited it.

The opinion

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF CALIFORNIA

3

4 |} MOHAMAD A., Case No.: 22-cv-00504-AGS

5 Plainift,) ORDER ON MOTIONS FOR

6 || SUMMARY JUDGMENT

7 Kilolo KIJAKAZI, Commissioner of (ECF Nos. 13 & 15)

Social Security,

Defendant.

10

11 On February 1, 2023, the Court heard argument on plaintiff's appeal of his denial of

12 || disability benefits. For the reasons set out on the record, the Court finds that the

13 || Administrative Law Judge failed to give “‘specific, clear and convincing reasons’” for

14 || discounting plaintiff's testimony. Ghanim v. Colvin, 763 F.3d 1154, 1163 (9th Cir. 2014)

15 (quoting Vasquez v. Astrue, 572 F.3d 586, 591 (9th Cir. 2009)); see also Brown-Hunter v.

16 || Colvin, 806 F.3d 487, 494 (9th Cir. 2015) (rejecting an ALJ adverse-credibility

17 ||determination when she merely listed medical evidence that purportedly supported her

18 || conclusion without explanation).

19 Plaintiffs motion for summary judgment (ECF 13) is GRANTED, the

20 Commissioner’s cross-motion for summary judgment (ECF 15) is DENIED, and the case

21 remanded to the Social Security Administration for further proceedings consistent with

22 || this opinion. The Clerk is directed to issue a judgment and to close this case.

23 IT IS SO ORDERED.

24 || Dated: February 2, 2023

25 — | 4

6 Hon. Andrew G. Schopler

United States Magistrate Judge

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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