Opinion
23-cv-00227
02-13-2023
MARIBEL RIVERA-BATRES, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Marc V. Kalagian Attorney for plaintiff Maribel Rivera-Batres Gerald M. Welt Attorney at Law: Attorneys for Plaintiff Maribel Rivera-Batres
Marc V. Kalagian Attorney for plaintiff Maribel Rivera-Batres
Gerald M. Welt Attorney at Law:
Attorneys for Plaintiff Maribel Rivera-Batres
COMPLAINT FOR REVIEW OF FINAL DECISION OF THE COMMISSIONER OF SOCIAL SECURITY
Plaintiff Maribel Rivera-Batres hereby alleges a claim for relief as follows:
1. Maribel Rivera-Batres (“Rivera-Batres”) is a competent adult residing within the jurisdictional boundaries of this Court in Las Vegas, NV.
2. Rivera-Batres's Social Security Number is XXX-XX-7378.
3. This action arises under the provisions of the Social Security Act, Title XVI. This Court has jurisdiction to review the decision of defendant herein pursuant to 42 U.S.C. § 1383(c).
4. The Social Security Act provides that an individual should be considered disabled if that person is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.
5. Rivera-Batres is, and at all times relevant to this action, disabled as that term is defined in the Social Security Act.
6. Rivera-Batres filed an application for a supplemental security income benefits on July 13, 2020, alleging disability on that date. The Commissioner denied the applications initially and upon reconsideration.
7. Rivera-Batres timely requested and participated in a hearing before an administrative law judge. The ALJ issued a decision denying plaintiff's claim for benefits on October 5, 2021, finding that:
(a) Rivera-Batres not engage in substantial gainful activity since July 13, 2020.
(b) Rivera-Batres suffered from medically determinable severe impairments consisting of Diabetes, heart disease, and migraine headaches.
(c) Rivera-Batres's impairment did not meet or equal any “listed” impairment.
(d) Rivera-Batres retained the residual functional capacity to perform the demands of a reduced range of light work.
(e) Rivera-Batres could not perform past relevant work.
(f) a person with Rivera-Batres's medical-vocational profile could perform the work of lens inserter, polisher, assembler.
(g) Rivera-Batres did not suffer from a disability since July 13, 2020, the date of the application.
8. Pursuant to Social Security Act, Rivera-Batres files this action to seek judicial review of the Commissioner's decision and requests that this court reverse that decision, or in the alternative, to remand this matter for a new hearing on the following grounds that:
(a) the ALJ did not state clear and convincing reasons for rejecting the symptom and limitation testimony that Rivera-Batres could not engage in full-time competitive work on a sustained basis;
(b) the ALJ finding of the ability to perform work is not supported by substantial evidence because the residual functional capacity is inconsistent with the record as a whole.
8. Rivera-Batres exhausted all administrative remedies by seeking review with the Appeals Council. On December 27, 2022, the Appeals Council denied the request for review, at which time the ALJ's decision became the final decision of the Commissioner.
WHEREFORE, plaintiff Maribel Rivera-Batres prays for judgment against the Commissioner of Social Security as follows:
1. That this court reverse and set aside the decision of defendant denying Rivera-Batres's claim for disability benefits;
2. That this Court find that Rivera-Batres has been disabled at all times relevant to the application for Supplemental Security Income benefits;
3. In the alternative, that this Court remand the matter for a new hearing or new proceedings as appropriate;
4. For all costs of suit incurred herein;
5. For reasonable attorney's fees under the Equal Access to Justice Act; and
6. For such other and further relief as the court may deem just and proper.
LAW OFFICES OF LAWRENCE D. ROHLFING, INC., CPC