You Can't Make This Up -- No Seriously Judge, You Are Not Allowed to Make This Up

Leitz v. Kijakazi - unpublished

Imagine that you are getting ready for argument. A week before argument, you find out that the panel is Rawlinson, Bea, and Sung. This is the panel on Wischmann v. Kijakazi. Oh no. 

Jim Tree, no stranger to Ninth Circuit proceedings, raises five issues. The court rejects four. The fifth -- ALJ finds that Leitz “can have brief, superficial interaction with co-workers and the public; and can have occasional interaction with supervisors (although additional time for training is acceptable).”

No physician said that parenthetical statement. 

"The ALJ did not state how long Leitz could tolerate extended contact with supervisors. While the Government asserts that the ALJ intended to permit “up to a month” of training time, the sole vocational expert testified that the relevant jobs would require at least ninety days of training."

The majority reverses and awards benefits. Rawlinson dissents from the remedy. 

USDC decision adds flavor to the analysis. Any understanding of a memorandum disposition should consider the USDC decision. The brevity of a memorandum disposition counsels in favor of a deeper dive. 

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Suggested Citation:

Lawrence Rohlfing, You Can't Make This Up -- No Seriously Judge, You Are Not Allowed to Make This Up, California Social Security Attorney (July 19, 2023) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.