Claudia Veronica Gutierrez v. Carolyn W. Colvin
Published: Mar. 1, 2019 | Result Date: Dec. 31, 2018 | Filing Date: Sep. 25, 2015 |Case number: 3:15-cv-02146 Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)
Defendant
Katherine L. Parker
(Office of the U.S. Attorney)
Facts
Claudia Gutierrez sought judicial review of a final decision made by the Commissioner of Social Security denying her claim for supplemental security income disability benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she was disabled due to anxiety, agoraphobia with panic attacks, dyslexia and palpitations. Plaintiff contended that the administrative law judge failed to carry the administration's burden at step five of the sequential evaluation. Plaintiff claimed that the jobs identified by the vocational expert and adopted by the ALJ are not within her mental capacity.
DEFENDANT'S CONTENTIONS: The Commissioner pointed to plaintiff's daily activities, the clinical findings and medical opinion evidence that showed plaintiff is capable of a significant degree of overall mental functioning.
Result
The court granted the Commissioner's cross-motion for summary judgment. The court found that there was no evidence in the record to indicate that plaintiff had difficulty with retaining information, memory, or that she had any deterioration in her functioning. Moreover, the evidence indicated that plaintiff excelled in math and English courses. The substantial evidence supported the Commissioner's denial of her claim.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390