Maykowski

Maykowski v. Saul

Good Law
United States District Court, Northern District of CaliforniaNovember 9, 20203:19-cv-01983California3,750 words

Opinion

Trial Court Opinion

BACKGROUND

22 Plaintiff filed an application for disability insurance benefits under Title II of the Social 23 Security Act on December 14, 2016, alleging a disability onset date of March 1, 2011. 24 (Administrative Record (“AR”) 267–68.) After her application was denied initially and upon 25 reconsideration, she submitted a written request for a hearing and Administrative Law Judge 26 (“ALJ”) Michael A. Cabotaje held a hearing on May 17, 2018. (AR 32, 47–67.) Prior to the 27 hearing, the ALJ ordered a consultative examination of Plaintiff because the medical record contained only one other consultative examination. (AR 51.) The ALJ offered to postpone the hearing until after the examination, however, the Plaintiff declined to postpone the hearing. (Id.) On October 12, 2018, the ALJ issued a decision finding that Plaintiff was not disabled. (AR 33.) In his decision, the ALJ found Plaintiff had filed a previous application for disability benefits, which was denied upon reconsideration on December 27, 2012. (AR 111–17.) Due to the prior application, the ALJ held that the relevant time period at issue in this matter—the unadjudicated…

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