Roxsan Dawn Young v. Nancy A. Berryhill
Published: May 3, 2019 | Result Date: Mar. 21, 2019 |Case number: 1:18-cv-00055 Bench Decision – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Lawrence D. Rohlfing
(Law Offices of Lawrence D. Rohlfing)
Defendant
Benjamin E. Hall
(Office of the U.S. Attorney)
S. Wyeth McAdam
(Social Security Administration)
Facts
Plaintiff Roxsan Dawn Young sought judicial review of an unfavorable decision of the Commissioner of the Social Security Administration regarding her application for a period of disability and disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the Administrative Law Judge committed reversible legal error at step four of the sequential disability evaluation process because the ALJ asked an improper hypothetical question of the vocational examiner. Plaintiff alleged that by using the hypothetical, it forced the vocational examiner to assume that her employer would allow her to take physically- required breaks during break and lunch periods. Plaintiff contended that it was legal error to force this assumption on the vocational examiner and the ALJ's hypothetical question does not constitute evidence supporting the ALJ's decision.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ was permitted to present a hypothetical scenario to the vocational examiner and the vocational examiner was allowed to provide opinion based on the hypothetical.
Result
The court found that the ALJ's decision was supported by substantial evidence and was based on proper legal standards, and denied plaintiff's request for remand.
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