Kokal
Kokal v. Massanari
Opinion
Opinion
Laporte, J.
ORDER ON MOTION FOR SUMMARY JUDGMENT OR REMAND
I. INTRODUCTION
On January 27,1999, Plaintiff Tammy L. Kokal, appearing pro se, filed a claim for social security disability benefits under Title II of the Social Security Act, alleging that she has been disabled by an ankle injury and resulting complications as of June 8, 1997. Plaintiff appeals from the denial of her claim by the Social Security Administration (“SSA”) on April 6, 1998, and again upon reconsideration on July 29, 1998.
The principal issue on appeal is whether Administrative Law Judge Michael P. Ba-zell (“ALJ”) erred by failing to consider whether Plaintiff was disabled due to the combination of her obesity and other impairments, either under the obesity listing in place at the time of her administrative hearing, Listing 9.09, or under the regulations on obesity that replaced that listing while her case was pending before the Appeals Council. Plaintiff also argues that substantial evidence does not support the ALJ’s finding regarding her subjective statements of pain.
The Commissioner of Social Security (“Defendant”) responds that Plaintiff failed to establish an inability to perform her past relevant work, and…