gno.law

Alhawari v. Kijakazi

District Court, S.D. California · 3:22-cv-00504 · 2023-02-02 · Unknown

Proceeding
district
Area
civil
Panel
Andrew G. Schopler (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T22:09Z · confidence low

The court reviewed the denial of plaintiff's application for disability benefits. It granted the plaintiff's motion for summary judgment, denied the Commissioner's cross-motion, and remanded the case to the Social Security Administration.

What the court decidedThe model
Plaintiff's motion for summary judgment is granted.
“Plaintiffs motion for summary judgment (ECF 13) is GRANTED”
agree with court
The court found that the ALJ failed to provide specific, clear, and convincing reasons for discounting the plaintiff's testimony, citing binding Ninth Circuit precedent. This constitutes a legal error requiring remand.
Commissioner's cross-motion for summary judgment is denied.
“the Commissioner’s cross-motion for summary judgment (ECF 15) is DENIED”
agree with court
The denial follows logically from the finding that the ALJ's decision was legally insufficient due to the lack of proper explanation for discounting testimony.
Case is remanded to the Social Security Administration for further proceedings.
“the case remanded to the Social Security Administration for further proceedings consistent with this opinion.”
agree with court
Remand is the standard remedy when an ALJ fails to meet the legal burden of explaining credibility determinations.

The order itself: sound — The order correctly applies the specific, clear, and convincing standard required by the Ninth Circuit for discounting claimant testimony. It cites the appropriate binding authorities and reaches a defensible result based on the ALJ's failure to meet this burden.

How this analysis was made · dispute it

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