Facts

Eliezer Diaz filed a lawsuit against Nancy Berryhill, the Commissioner of Social Security, in relation to the denial of his applications for a period of disability and disability insurance benefits.

PLAINTIFF'S CONTENTIONS: Diaz contended that the administrative law judge did not properly consider the opinion of his treating physician Jackson Alparce, M.D. He claimed that the ALJ failed to give specifically legitimate reasons for giving little weight to Dr. Alparce's opinion.

DEFENDANT'S CONTENTIONS: Defendant contended that Dr. Alparce's opinion was contradicted by other medical source opinions. An orthopedic surgeon stated that Diaz could lift or carry 50 pounds occasionally and could sit, stand or walk for six hours out of an eight-hour workday.

Result

The court found that the ALJ's determination that the medical evidence did not support Dr. Alparce's opinion was a specific and legitimate reason to giving little weight to his opinion.