Allino

Allino v. Colvin

Good Law
83 F. Supp. 3d 881·2015 WL 1265049·2015 U.S. Dist. LEXIS 35252
United States District Court, Northern District of CaliforniaMarch 19, 2015Case No. 14-cv-02173-WHOCalifornia3,935 words

Opinion

Lead Opinion

Orrick, J.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 17,

An Administrative Law Judge (“ALJ”) denied disability benefits to plaintiff Timothy Allino after finding that he can perform a significant number of jobs that exist in the national economy. AR 29-30. The Appeals Council denied plaintiffs request for review and he now seeks reversal of the ALJ’s finding and an immediate award of benefits or, in the alternative, a remand for a new hearing. Id. at 1; Mot. 11.The question before me is whether substantial evidence supports the ALJ’s determination that a significant number of *884 jobs exist that plaintiff could perform given his limitations. I conclude that the existence of approximately 350 jobs in California and 3200 jobs in the nation are not “significant,” GRANT plaintiffs Motion for Summary Judgment with remand for payment of benefits, and DENY defendant’s Motion for Summary Judgment.

BACKGROUND

Plaintiff applied for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act in January 2011. AR 17. He claims that he became disabled in January 2008, and suffers from obesity, diabetes, depression, numbness in his legs and feet,…

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