Francine Huerta v. Nancy A. Berryhill
Published: Feb. 22, 2019 | Result Date: Jan. 4, 2019 |Case number: 18-cv-00563-SVK Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Harvey P. Sackett
(Sackett & Associates APLC)
Defendant
Margaret I. Branick-Abilla
(Social Security Administration)
Sara Winslow
(Office of the U.S. Attorney)
Facts
Francine Huerta applied for disability insurance benefits, which was denied both initially and on reconsideration. Huerta then requested a hearing in front of an administrative law judge. The ALJ issued a finding that Huerta was not disabled as defined by the Social Security Act and denied her application for benefits. Huerta asked the Appeals Council to review the ALJ's decision but they denied her request for review. Huerta then sought judicial review of the denial.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff asserted that the ALJ failed to provide clear reasons for discounting the testimonies of her treating physician, Dr. Elaina Guerin, treating physician, Dr. H. Michael Jaffin, and examining physician, Dr. Oscar Abeliuk. Plaintiff claimed the ALJ failed to establish clear reasons for rejecting plaintiff's testimony in regards to the level of her disability, improperly rejected plaintiff's husband's lay testimony, and failed to support his opinion with substantial evidence.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ correctly assessed each doctor's testimony and gave each opinion the proper weight. Defense also contended that the ALJ was correct in discounting plaintiff's testimony as to the intensity and persistence of her disability as the evidence did not support her assertions. Defense argued that the ALJ properly supported his decision to give little weight to the statements made by plaintiff's husband, as they were only partially consistent with the evidence, and that the ALJ's decision was supported by substantial evidence found in the record.
Result
The court granted defendant's cross-motion for summary judgment and affirmed defendant's decision in denying plaintiff's application for benefits.
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