Case law

Sisemore v. Kijakazi

District Court, E.D. Washington · May 26, 2022

Vu discussed whether 15 Plaintiff qualified for any Listing and concluded that she did not. AR 48. Dr. … Vu responded that he didn’t think that the physical therapist who created 20 the record was “qualified to do physical exams for SSA . . .

Logan v. Saul

District Court, E.D. Washington · Jun 18, 2020

Her recommendation for vocational assistance was qualified as “when 14 suitable,” implying that it was not suitable at the moment. AR 610. Therefore, the 15 ALJ’s summary of her findings was incomplete. … While an ALJ is not required to 8 discuss every treatment record and clearly must rely on examples to support their 9 findings, the examples an ALJ chooses “must in fact constitute examples of a 10 broader development

Myers v. Kijakazi

District Court, E.D. Washington · Jun 7, 2022

This burden is met once a 28 claimant establishes that a physical or mental impairment prevents him from 1 engaging in her previous occupation. Id. … The ALJ apparently believed that all persons would qualify for 24 Obamacare and did not consider Plaintiff’s explanation that she was unable to

Tesfa v. United States

District Court, E.D. Washington · Jul 17, 2020

Each month, income- 12 qualified households receive an allowance of SNAP benefits credited to an 13 electronic account. See Irobe v. United States Dep’t of Agric., 890 F.3d 371, 375 14 (1st Cir. 2018). … But the record clearly establishes the photos at issue, depicting teff flour 8 in the Market, were provided by Plaintiffs in response to the FNS charge letter; 9 those photos taken by the FNS inspector do not show teff

Vaughn v. Commissioner of Social Security

District Court, E.D. Washington · Apr 24, 2020

Although these errors 1 invalidated the ALJ’s conclusion that Plaintiff did not qualify for benefits, 2 Plaintiff’s entitlement is not clear from the face of the record. … and because 7 she “clearly explained the reasons for her opinion.”

Calhoun v. Kijakazi

District Court, E.D. Washington · Aug 9, 2021

Defendant argues statements from a medical provider that a 13 person is disabled or unable to work do not qualify as medical opinions and are not 14 owed any weight or deference. ECF No. 23 at 13. … Defendant argues the ALJ clearly identified the inconsistency, 9 with it being unclear how a condition that caused only moderate impairment could 10 render the patient incapable of performing any work.

Knight v. O'Malley

District Court, E.D. Washington · Jan 29, 2021

However, the ALJ’s decision does not clearly set forth these as reasons to 10 support the ALJ’s determination that Plaintiff’s symptom statements are not 11 reliable and qualify as post hoc rationalization, which will … In this case, the evidence fails to establish the presence of the ‘paragraph 13 C’ criteria.” AR 18-19.

De La Mora v. Commissioner of Social Security

District Court, E.D. Washington · Dec 23, 2019

Bond and Dr. 10 Greenwald because these statements do not qualify as medical opinions. ECF No. 11 12 at 5. … Admin., 278 F.3d 20 920, 924 (9th Cir. 2002) (internal citations omitted). 1 The only reason the ALJ clearly identified in her decision was that “the 2 intensity, persistence and limiting

Bisignano

District Court, E.D. Washington · Jul 27, 2026

Judge Stallings 23 also warned that if good cause was not established, he would dismiss. Tr. 39. … A ruling based on an erroneous view of the law or on a clearly 6 erroneous assessment of the evidence would constitute an abuse of discretion. See 7 Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990).

Crouthamel v. Walla Walla Public Schools

District Court, E.D. Washington · Apr 22, 2021

SEIU 1948 in approximately June 2018. 9 SECTION 1983 10 Section 1983 provides a cause of action for the “deprivation of any rights, 11 privileges, or immunities … ECF No. 40 at 10. 13 To establish a procedural due process violation, a plaintiff must establish: “(1) 14 a liberty or property interest protected by the Constitution

Jackson v. Commissioner of Social Security

District Court, E.D. Washington · Mar 23, 2020

Although these errors invalidated the 1 ALJ’s conclusion that Plaintiff did not qualify for benefits, Plaintiff’s entitlement is 2 not clear from the face of the record. … Islam-Zwart’s opinions clearly indicate 19 that her findings were largely based on Plaintiff’s self-reports.

Morgan v. Twitter Inc

District Court, E.D. Washington · May 5, 2023

in 12 fact to establish the first prong of Article III standing. … The Supreme Court has identified three factors the 2 Court should assess to determine whether judicial estoppel is applicable in a case: 3 First, a party’s later position must be clearly inconsistent with its earlier

Beatty v. Saul

District Court, E.D. Washington · Aug 24, 2020

“Thus, applying 4 our normal standard of review to the requirements of step two, [the Court] must 5 determine whether the ALJ had substantial evidence to find that the medical 6 evidence clearly established that [Plaintiff … Cooper’s opinion is not 14 clearly inconsistent with Ms. Pingel’s opinion. This was not a germane reason to 15 reject Ms.

Equal Employment Opportunity Commission v. Global Horizons Inc

District Court, E.D. Washington · Mar 20, 2020

Rather, a plaintiff must “establish a prima facie case that such a policy 14 existed.” … a sufficient connection between Global 21 and the Growers to establish that Global was acting as Growers’ agent.

Bowen v. Bisignano

District Court, E.D. Washington · Aug 21, 2025

Greenberg is not qualified to 9 render any opinion as to the effects of any physical condition and would 10 not be able to render any … Because Plaintiff established 16 consequential error in considering the medical evidence, he has 17 established error at

Whitworth v. Kijakazi

District Court, E.D. Washington · Nov 2, 2021

Even if it did apply or was otherwise persuasive, SSR 96-9p provides a cetling—not a floor—for what qualifies as “occasional” under its provision, stating the term means “from very little up to one-third of the time.”7 … Borderline Age: Plaintiff fails to establish error. Plaintiff also argues the ALJ failed at step five to explain how Plaintiffs borderline age was considered.

Sellers obo Dana Sellers (deceased) v. Kijakazi

District Court, E.D. Washington · Aug 28, 2023

The ALJ’s passing 16 comments about a lack of prescription medication may not qualify as a clear and 17 convincing reasons supported by substantial evidence. … Since this matter is remanded for reevaluation of disability 1 before the closed period, the ALJ should ensure that any reasons provided for 2 giving less weight to Plaintiff’s symptom claims are clearly stated and properly

Henderson v. Bisignano

District Court, E.D. Washington · Sep 30, 2025

In addition, in order to qualify for 8 disabled child’s insurance benefits several criteria must be met. 20 C.F.R. §§ 9 404.350(a)(1)-(5). … Bowes found claimant was 6 “clearly extremely depressed- very low energy/presence/agency in the room,” Tr. 7 403, which is consistent with the results of the BDI administered by Dr.

Phipps v. Kijakazi

District Court, E.D. Washington · Mar 23, 2020

The party appealing the ALJ’s 10 decision generally bears the burden of establishing that it was harmed. … the receipt of benefits to which [p]laintiff is clearly 7 entitled”); Field v.

Wise v. Inslee

District Court, E.D. Washington · Apr 27, 2022

Moreover, the 17 Proclamation recognizes exemptions for those who qualify for accommodations 18 due to their sincerely held religious beliefs; there are no comparable secular 19 exemptions. … Here, the State clearly has a legitimate government 8 interest in preventing the spread of COVID-19, an interest that has been endorsed 9 by the Ninth Circuit. Slidewaters LLC v.