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  • Clarissa Lainez v. Martin J. O'Malley

    District Court, C.D. California · Aug 21, 2025

    6 III. 7 THE FIVE-STEP SEQUENTIAL EVALUATION PROCESS 8 To qualify … We 3 need not decide whether those regulations constitute ‘intervening higher authority’ 4 that is ‘clearly irreconcilable’ with our precedent.”). 5 Because the Court has already determined that

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  • April J. v. Andrew Saul

    District Court, C.D. California · May 19, 2020

    The 7 || Commissioner has the burden of proof at step five — 7.e., establishing that the 8 | claimant could perform other work in the national economy. Id. 9 B. … An ALJ must clearly identify each subjective 8 || statement being rejected and the particular evidence in the record which 9 || purportedly undermines the statement.

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  • Cory Thomas Tracy v. Kilolo Kijakazi

    District Court, C.D. California · Sep 8, 2022

    The 14 || Commissioner has the burden of proof at step five — i.e., establishing that the 15 || claimant could perform other work in the national economy. Id. 16 B. … An ALJ must clearly identify each subjective 9 || statement being rejected and the particular evidence in the record which 10 || purportedly undermines the statement.

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  • Mark Lund v. Martin O'Malley

    District Court, C.D. California · Feb 26, 2022

    Administrative Evaluation of Disability Claims 11 To qualify for disability benefits, a claimant must show that he is unable “to 12 engage in any substantial gainful activity by reason of any medically … The 8 || Commissioner has the burden of proof at step five — i.e., establishing that the 9 || claimant could perform other work in the national economy. Id. 10 B.

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  • Independent Living Center of Southern California v. David Maxwell-Jolly

    District Court, C.D. California · Aug 6, 2019

    The Director argues that the “important right requirement,” imposed by § 1021.5, has not been met because Friedman and HLB “do not identify any ‘right’ their actions successfully enforced, much less one that qualifies as … Here, judicial estoppel does not apply because the Director’s current position is not “clearly inconsistent” with her earlier positions.

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  • Thomas Martin Snyder v. Nancy A. Berryhill

    District Court, C.D. California · Dec 17, 2019

    If the claimant meets 14 this burden, a prima facie case of disability is established. Id. … VanderPlate’s MRFC 26 limiting plaintiff to infrequent contact with the public is clearly supported by his finding that plaintiff was moderately limited in his ability to interact appropriately with the general public

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  • Western Growers Association v. City of Coachella

    District Court, C.D. California · Jul 12, 2021

    See ANTONIN SCALIA & 27 BRIAN GARNER, READING LAW: THE INTERPRETATION OF LEGAL TEXTS 183–88 & n.3 (2012). 1 term “agricultural worker” is clearly defined as … Applying the well-established understanding of the term “earning 24 capacity” here: to “[l]imit a designated worker’s earning capacity” plainly 25 means limiting the ability of an employee to earn wages, measured in

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  • Mary C. E. v. Frank Bisignano, Commissioner of Social Security

    District Court, C.D. California · Oct 20, 2025

    It 27 appears that the ALJ may have relied on Plaintiff’s reported hours and hourly rate 28 rather than on Plaintiff’s actual earnings records, since the Goodwill job clearly was 1 below SGA according to Plaintiff’s … Berryhill, 880 F.3d 1041, 1044 18 (9th Cir. 2017) (reversal with a directive for the immediate calculation of benefits is 19 a “rare and prophylactic exception to the well-established ordinary remand rule”); 20 Dominguez

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  • Irma Perez Gonzalez v. Kilolo Kijakazi

    District Court, C.D. California · Jun 21, 2022

    Administrative Evaluation of Disability Claims 10 To qualify for disability benefits, a claimant must show that she is unable 11 “to engage in any substantial gainful activity by reason of any medically … Barnhart, 400 F.3d 676, 679 (9th Cir. 2005) (citation omitted). 14 || The Commissioner has the burden of proof at step five —i.e., establishing that the 15 || claimant could perform other work in the national economy.

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  • Kristine Suzzane Rouzan v. Kilolo Kijakazi

    District Court, C.D. California · Jun 30, 2020

    If the claimant meets 17 this burden, a prima facie case of disability is established. Id. … Desai, however, also found plaintiff to be positive at this visit for anxiety 19 and hallucinations, but negative for suicidal ideation [id. at 372.] 20 Clearly, plaintiff’s “average intelligence and cognition

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  • Christopher Miles Hayden v. Nancy A. Berryhill

    District Court, C.D. California · Aug 8, 2019

    Herbert’s testimony essentially reliable 19 concerning the type and degree of assistance he provides to the 20 claimant, the medical data and cumulative opinion evidence does not 21 establish … The ALJ, 6 however, did not clearly identify an inconsistency, and the Court cannot affirm 7 based on an inconsistency that was never identified.

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  • Sevag Chalian v. CVS Pharmacy, Inc

    District Court, C.D. California · Jul 16, 2021

    The Settlement Administrator, Simpluris, Inc., shall establish a 10 settlement fund to be funded by Defendants in accordance with the provisions of the 11 Parties’ Settlement Agreement. … The Notice also clearly and concisely 10 states in plain, easily understood language: (i) the nature of the action; (ii) the 11 definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that

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  • Perrin Bernard Supowitz, LLC v. Pablo Morales

    District Court, C.D. California · Jan 31, 2023

    misappropriation of the terms of credit IFS offered the customers 14 Pablo and Savino serviced. 15 Thus far, the Court has distinguished two categories of information that qualify … level, and, to the extent 4 they did have access to this information in isolated cases, IFS offers no evidence 5 suggesting that Defendants used this information in a way that harmed IFS. 6 Defendants’ declarations clearly

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  • Khatchik Hairabedian v. Andrew M. Saul

    District Court, C.D. California · Mar 26, 2020

    67, 323, 345, 441). ] Claimants cannot describe their pain to their treating doctors as mild while 2 | describing it as far worse to the SSA to try to qualify … According to the DOT, that job 2 involves verifying incoming and outgoing shipments, establishing operational 3 procedures, preparing orders, keeping inventory current, hiring warehouse 4 personnel, and maintaining

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  • Sharon and Odelya Hoffman v. RGL Holdings LLC, RGL Management LLC, and Vitamin Friends LLC

    District Court, C.D. California · Aug 6, 2026

    Summary judgment must be granted for the moving party if the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear … Plaintiffs also argue that because DLA “never clearly terminated its representation of Sharon Hoffman individually,” Hoffman’s claims against DLA are not time barred under the “continuous representation” provision.

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  • Chynna Soria v. Martin J. O'Malley

    District Court, C.D. California · Apr 16, 2025

    When a claimant has established an impairment and testifies about 5 her related subjective medical symptoms, an ALJ must evaluate the testimony 6 through two steps. … Sept. 16, 2022) (finding the ALJ’s 25 omission of important qualifying information was a mischaracterization of the 26 evidence); Thelan v. Astrue, 2007 WL 3283651, at *1 (9th Cir.

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