Ischay

Ischay v. Barnhart

Good Law
383 F. Supp. 2d 1199·2005 WL 2195419·2005 U.S. Dist. LEXIS 24944
United States District Court, Central District of CaliforniaJuly 27, 2005ED CV 04-1696-PJWCalifornia11,099 words

Opinion

Opinion

Walsh, J.

MEMORANDUM OPINION AND ORDER

I.

INTRODUCTION

Plaintiff brings this action pursuant to 42 U.S.C. §§ 405 (g) and 1383(c)(3) seeking reversal of the decision by Defendant Social Security Administration (“Agency”) denying Supplemental Security Income (“SSI”) benefits. Alternatively, he asks the Court to remand the case to the Agency for further proceedings. For the reasons discussed below, the Agency’s decision is REVERSED and the case is REMANDED for the award of benefits.

II.

BACKGROUND

Plaintiff was born on February 2, 1934, and was 69 years old at the time of the relevant administrative hearing. (AR 465.) He is a high-school graduate, with three years of college-level training in engineering and economics. (AR 51, 465.) He has past relevant skilled work as a production superintendent for an alumi num distribution company. (AR 51, 465-66.)

Plaintiff filed protectively for SSI benefits on January 17, 1995. (AR 464.) In his application, he alleged disability since April 4, 1994, because of hypertension and low back pain. (AR 51.) Plaintiff timely requested a hearing before an administrative law judge (“ALJ”) after his claim was denied initially and on reconsideration. (See AR…

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