This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Government
Social Security Administration
Review of HHS Decision (DIWC)

Freddy E. Portillo v. Nancy A. Berryhill

Published: Mar. 8, 2019 | Result Date: Jan. 18, 2019 |

Case number: 5:17-cv-8913-KES Bench Decision –  Defense

Judge

Karen E. Scott

Court

CD CA


Attorneys

Plaintiff

Patricia L. McCabe
(Law Office of Patricia L. McCabe)

Kristin E. Berk
(Law Office of Patricia L. McCabe)


Defendant

Jean M. Turk
(Social Security Administration)


Facts

In 2013, Freddy Portillo filed an application for disability insurance benefits, which was denied both initially and on reconsideration. Portillo then requested a hearing in front of an administrative law judge. The ALJ found that Portillo suffered from degenerative disc disease, but that he had the residual functional capacity to perform light work. As such, the ALJ found that Portillo was not disabled and denied his application for benefits. The Appeals Council denied Portillo's request for review. Portillo then filed suit against Nancy Berryhill seeking judicial review of the denial.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ failed to give specific and legitimate reasons for discounting his treating physicians, that the ALJ erred in evaluating plaintiff's subjective symptom testimony, and that the ALJ erred in determining that plaintiff had the residual functional capacity to perform light work.

DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ correctly gave little weight to plaintiff's treating physicians as their conclusions and observations were based on different criteria than those used to determine disability for the purposes of disability insurance benefits. Defendant also contended that the ALJ correctly discounted plaintiff's subjective testimony, as it was it was inconsistent with the evidence. Defendant further contended that the ALJ gave was correct in determining plaintiff's residual functioning capacity as light work, and that the ALJ gave legitimate reasons for his findings.

Result

The court entered judgment affirming defendant's decision in denying plaintiff's application for benefits and finding that plaintiff was not disabled as defined under the Social Securities Act.


#131165

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390