This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Government
Social Security Administration
Denial of Social Security Benefits

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

Susan G. Van Keulen

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.


#131439

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390