Css

Ortiz v. Commissioner of Social Security

Good Law
425 F. App'x 653
United States Court of Appeals for the Ninth CircuitApril 5, 201109-17603California670 words

Opinion

Opinion

MEMORANDUM

Marianne Ortiz appeals the denial of her application for supplemental security income benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

I.

Ortiz was initially granted supplemental security income benefits in 1989. At that time, an Administrative Law Judge (ALJ) determined Ortiz had “a cyclothymic disorder characterized by anhedonia, sleep disturbance, feelings of worthlessness, difficulty concentrating and hallucinations.” Her mental impairments were deemed severe and precluded gainful employment.

Her eligibility for continued benefits was reviewed in 1999. A different ALJ noted Ortiz’s mental impairments and also reviewed additional medical evidence indicating she had “spondylolysis and related degenerative change in the lower lumbar spine.” An IQ test resulted in scores of 67 for verbal, 77 for performance and 71 for full-scale. The ALJ determined that Ortiz had mild mental retardation and other severe impairments such as “spondylolysis of the lumbosacral spine and obesity” and therefore “continues to be disabled.”

Ortiz’s benefits were terminated in 2005 because she failed to supply requested…

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