What is the impact of periodic symptom-free periods on a disability claim?
MultiRegion, United States of America
The following excerpt is from Dittmar v. Berryhill, No. 2:15-cv-1630 DB (E.D. Cal. 2017):
and is not inconsistent with the other substantial evidence in the case record, it will be given controlling weight."); Lester v. Chater, 81 F.3d 821, 833 (9th Cir. 1995) ("Occasional symptom-free periodsand even the sporadic ability to workare not inconsistent with disability.").
Accordingly, the court finds that the government has failed to show that its position was substantially justified.
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