Kathlene Veltkamp v. Nancy A. Berryhill
Published: Mar. 29, 2019 | Result Date: Feb. 13, 2019 |Case number: 1:17-cv-00580-GSA Bench Decision – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jonathan O. Pena-Mancinas
(Pena & Bromberg PC)
Defendant
Benjamin E. Hall
(Office of the U.S. Attorney)
Chantal R. Jenkins
(Social Security Administration)
Facts
Kathlene Veltkamp sought judicial review of the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Veltkamp alleged the Administrative Law Judge failed to categorize her mental impairments as severe. Veltkamp further alleged the ALJ erred in rejecting the residual functional capacity determination of an agency physician in favor of the ALJ's independent findings. Veltkamp also alleged the ALJ erroneously failed to fully consider her use of a prescribed cane.
DEFENDANT'S CONTENTIONS: Defendant claimed the ALJ did not deny Veltkamp's application by finding her mental health impairments not severe. Defendant also claimed that the ALJ properly considered the evidence as a whole in determining Veltkamp's residual functional capacity.
Result
The court affirmed the decision of the ALJ and denied Veltkamp's appeal. The court found the ALJ properly analyzed Veltkamp's medical record in agreeing with the agency physicians who determined she had no medically determinable mental impairment. Further, the court found the agency physician's opinion, along with all of Veltkamp's reported symptoms and their consistency with objective medical evidence in the record, was properly considered by the ALJ in determining Veltkamp's residual functional capacity. The court also stated the ALJ need not discuss every item of evidence and its conclusion that Veltkamp could walk without the use of an assistive device was sufficient to show consideration of her use of a cane.
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