Kim

Kim v. Kijakazi

Good Law
United States District Court, Northern District of CaliforniaMarch 2, 20223:20-cv-08737California957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 HEIDI M. KIM, Case No. 20-cv-08737-AGT

Plaintiff,

ORDER ON CROSS MOTIONS FOR

v. SUMMARY JUDGMENT

KILOLO KIJAKAZI, Re: Dkt. Nos. 15, 16 Defendant.

If the claimant in a social-security disability case says she has limitations (e.g., she’s bedrid- den), but her daily activities suggest otherwise (e.g., she runs for thirty minutes per day), the presid- ing ALJ may discount or reject the claimant’s testimony, based on a lack of credibility. The ALJ may take this step though only if there’s an actual inconsistency between limitations and activities. See Garrison v. Colvin, 759 F.3d 995, 1016 (9th Cir. 2014). A finding of inconsistency must also be convincing to withstand judicial review. See id. at 1014–16. Here, in Heidi Kim’s disability case, the ALJ made a credibility finding of the type outlined, and the question on review is whether that finding was convincing. As explained below, it was not. Kim testified that…

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