Dickey
Dickey v. Colvin
Opinion
Lead Opinion
Orrick, J.
*1122 ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT
Re: Dkt. Nos. 19,
INTRODUCTION
Plaintiff Kyle Dickey seeks disability insurance benefits and supplemental security income because he suffers from astrocyto-ma, cognitive disorder, depression, and emotional lability. In denying Dickey’s claims for benefits, an Administrative Law Judge (“ALJ”) relied on a medical opinion from 2003 to improperly discount more recent medical opinions from 2010 and 2011 and effectively ignored the lay testimony of Dickey’s step-father, a psychologist. Failing to credit the more recent evidence led the ALJ to disregard the vocational expert’s answer to a hypothetical that established Dickey’s inability to engage in substantial gainful activity. Because of these errors, I GRANT Dickey’s motion for summary judgment, DENY the Commissioner’s, and REMAND this matter for an award of benefits.
BACKGROUND
I. PROCEDURAL HISTORY.
On February 25, 2010, Dickey filed an application for DIB under Title II of the Social Security Act, alleging disability since January 1, 2006. Administrative Record (“AR”) 149-152. The following day, on…