Jones

Jones v. Social Security Admin

Good Law
United States District Court, Southern District of CaliforniaAugust 25, 20213:19-cv-02288California1,560 words

Opinion

Trial Court Opinion

BACKGROUND

13 After her honorable discharge from the Navy, plaintiff Tara J. developed “a service- 14 connected disab[ility]” that the VA “evaluated at 100 percent.” (AR 22.) The VA also 15 individually rated Tara’s impairments, including major depressive disorder (rated at 70%), 16 asthma (60%), and four other conditions (30% or less). (AR 22, 155, 1148-49.) 17 When Tara later applied for Social Security disability benefits, an Administrative 18 Law Judge concluded that her depression, asthma, anxiety, and spinal disorder were 19 “severe” impairments. (AR 17, 19.) But the ALJ also found that Tara could do “medium 20 work” with “postural limitations,” performing “nonpublic[,] simple[,] repetitive tasks.” 21 (AR 21-22.) So, the ALJ ruled that Tara was employable and not disabled.

DISCUSSION

23 On appeal, Tara contends that the ALJ erred by, among other things, discrediting her 24 100% VA disability rating. 25 A. The VA’s Disability Rating 26 ALJs must assign “great weight to a VA determination of disability,” unless they 27 provide “persuasive, specific, valid reasons for [not] doing so that are supported by the 28 record.” McCartey v. Massanari, 298 F.3d…

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