Jerry Mike Drogitis v. Nancy A. Berryhill
Published: Apr. 12, 2019 | Result Date: Feb. 21, 2019 | Filing Date: Apr. 26, 2018 |Case number: 3:18-cv-02506-SVK Summary Judgment – Plaintiff
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Geri N. Kahn
(Law Office of Geri N. Kahn)
Defendant
Marcelo N. Illarmo
(Social Security Administration)
Sara Winslow
(Office of the U.S. Attorney)
Facts
Jerry Drogitis sought judicial review of the Commissioner of Social Security's denial of his application for a period of disability and disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Drogitis alleged the Administrative Law Judge improperly weighed medical evidence by giving little weight to the opinion of his treating physician and failed to provide clear and convincing reasons for rejecting his subjective symptom testimony.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions and sought affirmation of the Commissioner's decision.
Result
The court granted Drogitis's motion for summary judgment and remanded for further proceedings. The court found the ALJ did not sufficiently identify physical examination findings upon which she used to discount the treating physician's opinion, and instead merely provided broad, general citations to the record. The court also found the ALJ's credibility analysis of Drogitis's testimony relied on comparisons with the medical record, which the ALJ erred in analyzing, and Drogitis's testimony must be reevaluated.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390