Dimitrius Foster v. Commissioner of Social Security
Published: Feb. 22, 2019 | Result Date: Jan. 4, 2019 | Filing Date: Feb. 27, 2017 |Case number: 2:17-cv-0439-DMC Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Defendant
Tina L. Naicker
(Social Security Administration)
Edward A. Olsen
(Office of the U.S. Attorney)
Facts
On Dec. 10, 2012, Dimitrius Foster applied for social security benefits. Foster's claim was denied both initially and on reconsideration. Following his denial, Foster requested a hearing in front of and administrative law judge. The ALJ determined that Foster was not disabled, and found that based upon Foster's age, education, work experience, and residual functional capacity there were jobs in the national economy in which he could work. The ALJ denied Foster's application for benefits. Foster then sought judicial review of the denial.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ erred by failing to properly consider the opinions of plaintiff's treating physicians.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ was correct in giving little weight to three of plaintiff's doctors, as the ALJ found that their opinions were unsupported by the record. Defense also contended that the ALJ's analysis that plaintiff did not need a cane and that it was not prescribed was harmless error since the doctor's questioned plaintiff's need for a cane as well.
Result
The court granted defendant's motion for summary judgment and affirmed defendant's decision in denying plaintiff's application for benefits and finding that plaintiff was not disabled.
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