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
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.
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