Kenneth Martin Gardner v. United States Commissioner of Social Security
Published: Jan. 25, 2019 | Result Date: Dec. 6, 2018 |Case number: 16-cv-02940 JAH-WVG Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Gina Tomaselli
(Office of the U.S. Attorney)
Katherine L. Parker
(Office of the U.S. Attorney)
Facts
Kenneth Gardner filed an application for disability insurance benefits. His application was denied both initially and on reconsideration. Gardner then requested a hearing in front of an administrative law judge. The ALJ issued a decision denying Gardner's application and finding that he was not disabled. Gardner then filed a request for review and the Appeals council denied the request. Gardner filed suit in relation to the denial of his application for benefits and the finding that he was not disabled.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the ALJ demonstrated bias against him as a veteran suffering from PTSD, and that the ALJ did not view his condition as disabling despite the vocational expert's testimony and plaintiff's own testimony.
DEFENDANT'S CONTENTIONS: Defendant argued that plaintiff failed to rebut the presumption that the ALJ was unbiased, and that plaintiff had the misconceived notion that a severe impairment automatically meant that a person was disabled. Defendant argued that PTSD is not automatically deemed disabling and that the ALJ took note of plaintiff's impairments and appropriately sought clarification as to why plaintiff continued to work for 18 years after plaintiff alleging that he began having PTSD symptoms.
Result
The court granted defendant's motion for summary judgment.
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