Pereira

Pereira v. Saul

Good Law
United States District Court, Southern District of CaliforniaMarch 18, 20223:20-cv-01069California2,613 words

Opinion

Trial Court Opinion

NOT FOR PUBLICATION 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA EDIMAR P., Case No.: 3:20-cv-1069-AGS Plaintiff, ORDER ON SUMMARY-JUDGMENT

MOTIONS (ECF 12 & 13)

v. Kilolo KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant. 11 This social-security claimant alleges that the Administrative Law Judge did not meet the high burden to reject his symptom testimony. But that high burden only applies when there is no evidence of malingering. The ALJ cited strong affirmative evidence that claimant was malingering, so the lower “substantial evidence” standard applies. Under that standard, the ALJ’s rejection of claimant’s symptom testimony is amply justified. BACKGROUND Edimar P. alleges a disability commencing on July 11, 2015, largely because of back pain. (AR 152-55.) As part of a related worker’s compensation claim, Edimar saw a consultative examiner, Dr. Jeffrey Schiffman. (AR 318-52.) Dr.…

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