Raymond A. Rico v. Nancy A. Berryhill
Published: Dec. 28, 2018 | Result Date: Nov. 28, 2018 |Case number: 8:18-cv-00275-GJS Bench Decision – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)
Defendant
Jennifer A. Kenney
(Social Security Administration)
Facts
On Sept. 11, 2012, Raymond Rico filed an application for supplemental security income. His application was denied initially and on reconsideration. Rico then requested a hearing in front of an administrative law judge. The Administrative Law Judge found that Rico was not disabled and issued a decision denying Rico's benefits. Rico then brought suit against Nancy Berryhill over the denial of his application and the determination the he was not disabled.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ failed to properly consider the opinion of his treating physician who stated in a letter that plaintiff was unable to work and was totally disabled.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ did not consider plaintiff's treating physician's letter because it was not before the ALJ at the time he made is decision but submitted after the decision had been handed down.
Result
The court affirmed the defendant's decision, finding that the defendant's determination was supported by substantial evidence.
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