Alhawari v. Kijakazi

United States District Court for the Southern District of California

Alhawari v. Kijakazi

Trial Court 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

Reference

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