Sandoval V. O'Malley

District Court, N.D. California·Decided March 25, 2025·No. 1:24-cv-00062·Unknown

Opinion

JOHN S.,1 Case No. 24-cv-00062-RMI

Plaintiff, ORDER ON MOTIONS FOR v. SUMMARY JUDGMENT

MARTIN J. O'MALLEY, et al., Re: Dkt. Nos. 9, 10 Defendants.

Plaintiff seeks judicial review of an administrative law judge (“ALJ”) decision finding that Plaintiff was not disabled under Title II of the Social Security Act. See Admin. Rec. at 1.2 The Appeals Council of the Social Security Administration declined to review the ALJ’s decision. Id. As such, the ALJ’s decision is a “final decision” of the Commissioner of Social Security, appropriately reviewable by this court. See 42 U.S.C. § 405(g), 1383(c)(3). Both parties have consented to the jurisdiction of a magistrate judge (Dkts. 4, 5), and both parties have filed briefs (Dkts. 9, 10). For the reasons stated below, the decision of the ALJ is REVERSED and the case is REMANDED FOR FURTHER PROCEEDINGS consistent with this order. I. Background Plaintiff was born in 1963. AR at 27. He spent his career working as a sheet metal mechanic in the HVAC industry, a job which often entailed lifting 100 pounds or more. Id. at 38– 40. Plaintiff’s career ended in 2018, when he suffered a heart attack, after which doctors were 1 Pursuant to the recommendation of the Committee on Court Administration and Case Management of the Judicial Conference of the United States, Plaintiff’s name is partially redacted.

2 The Administrative Record (“AR”), which is independently paginated, has been filed in eight unable to properly insert stents in Plaintiff’s arteries. Id. at 19, 40. Although Plaintiff was cleared to return to work after the failed stent surgery, he ultimately took early retirement, as he found it “difficult to . . . get through the day” after the procedure. Id. at 40. Plaintiff’s physical troubles extended beyond the heart attack and failed surgery, however. He reported tenderness in his left elbow and right knee as early as 2017. AR at 352–53. In 2018, he reported heel pain which ultimately required injections. Id. at 327. In 2019, after a kickboxing workout, he developed pain in his right shoulder and both elbows. Id. at 321. This pain persisted for a month before Plaintiff saw a doctor, was rated 7 out of 10, and did not respond to ibuprofen. Id. at 326. However, while an exam detected tenderness, no other abnormalities were found in Plaintiff’s elbows and shoulders. Id. at 323–24. In 2020, Plaintiff complained of pain in his right hip as well as in his shoulder, hands, and knees. Id. at 302. An MRI indicated “multifocal degenerative changes” in Plaintiff’s hip connective tissue. Id. at 401. By late that year, care providers noted that Plaintiff’s range of motion in his left knee and shoulders was limited due to pain. Id. at 282. Further, Plaintiff’s knee tissue was swollen. Id. at 283. X-rays showed minimal to mild arthritis in Plaintiff’s shoulders and knees. Id. at 276–77, 397. In 2021, Plaintiff complained of “right hip pain 8/10 for a few weeks . . . . Using ibuprofen 800mg twice daily without relief for 2 days.” Id. at 475. Plaintiff additionally suffers from, and was treated for, dizziness and vertigo. Id. at 315, 338. Plaintiff also has a history of mental illness. His medical records reflect an episode of major depressive disorder in 2009. AR at 330. In 2020, Plaintiff sought anger management counseling and noted a “history of anxiety, lots of worry, marital conflict.” Id. at 298. An evaluator noted that Plaintiff screened negative for anxiety3 and PTSD, but showed minimal symptoms of depression. Ultimately, Plaintiff was informed that treatment for his mental illnesses was not medically necessary. Id. at 293. Plaintiff was encouraged to attend anger management classes regardless. Id. II. Procedural History Plaintiff filed for Social Security benefits in 2021, alleging an onset date of September 1, 2018. AR at 81. He submitted a function report alleging that “[l]ack of stamina prevents me from working, also back, knee, hip, shoulder, and elbow pain limit me.” Id. at 205. He claimed that he was no longer able to kneel or work at ground level “due to pain in my knees and light- headedness.” Id. at 206. He reported difficulty lifting, walking, stair-climbing, squatting, sitting, bending, kneeling, remembering things, using his hands, standing, completing tasks, and concentrating, claiming that “[a]rthritis and heart disease are affecting my ability to do physical things and think clearly.” Id. at 210. He reported modest activities of daily living, including feeding pets, watering the landscape, vacuuming, laundry, and occasional babysitting and dog- walking. Id. at 206. He claimed to need joint braces when he experienced pain. Id. at 211. He also claimed that he could not think clearly due to his conditions, did not finish what he started, and had a one-hour attention span. Id. at 210. As part of the application process, Plaintiff was examined by Dr. Katherine Kenny of MDSI Physician Services. AR at 440. Plaintiff complained to Dr. Kenny of heart problems; low back pain; arthritis in his hips, knees, elbows, wrists, and shoulders; and tennis elbow. Id. Dr. Kenny recorded that Plaintiff’s

Free access — add to your briefcase to read the full text and ask questions with AI

Sandoval V. O'Malley, (N.D. Cal. 2025).

Sandoval V. O'Malley (Sandoval V. O'Malley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lewis v. Astrue
498 F.3d 909 (Ninth Circuit, 2007)
Karen Garrison v. Carolyn W. Colvin
759 F.3d 995 (Ninth Circuit, 2014)
Mount Lemmon Fire Dist. v. Guido
586 U.S. 1 (Supreme Court, 2018)
Reddick v. Chater
157 F.3d 715 (Ninth Circuit, 1998)
Bennett v. Colvin
202 F. Supp. 3d 1119 (N.D. California, 2016)