Timothy Patrick August v. Nancy A. Berryhill
Published: Apr. 12, 2019 | Result Date: Feb. 28, 2019 | Filing Date: Nov. 20, 2017 |Case number: 3:17-cv-06678-DMR Bench Decision – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Laura E. Krank
(Rohlfing & Kalagian LLP)
Defendant
Ben A. Porter
(Social Security Administration)
Sara Winslow
(Office of the U.S. Attorney)
Facts
Timothy August sought judicial review of the Commissioner's denial of his application for benefits under Title II of the Social Security Act.
Contentions
PLAINTIFF'S CONTENTIONS: August argued the Administrative Law Judge erroneously ignored parts of the consultative psychologist's opinion and failed to include all limitations assessed in the opinion in formulating August's residual functional capacity determination. August further claimed the ALJ erred in finding August could perform work as an addresser, nut sorter, or cuff folder, claiming those jobs do not exist in significant numbers in the economy.
DEFENDANT'S CONTENTIONS: Defendant argued the ALJ's decision is supported by substantial evidence and no legal error was made.
Result
The court granted August's motion for summary judgment in part, denied defendant's motion for summary judgment, and remanded for further proceedings. The court found the ALJ erred by failing to make a determination whether the consultative psychologist's opinions concerning August's impairments were supported or contradicted by other physicians, and the ALJ's failure to explain his rejection of those opinions was erroneous as well.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390