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

Jill Elizabeth Hunter v. Commissioner of Social Security

Published: May 3, 2019 | Result Date: Mar. 21, 2019 |

Case number: 1:17-cv-00952-JDP Bench Decision –  Defense

Judge

Jeremy D. Peterson

Court

USDC Eastern District of California


Attorneys

Plaintiff

Denise B. Haley
(Law Offices of Lawrence D. Rohlfing)


Defendant

Jennifer A. Kenney
(Social Security Administration)

Jeffrey J. Lodge
(Office of the U.S. Attorney)


Facts

Plaintiff Jill Hunter sought judicial review of a final decision of the Commissioner of Social Security denying her application for disability and disability insurance benefits.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that contrary to the ALJ's conclusion, her course of treatment was not inconsistent with her pain. Plaintiff alleged that the ALJ's decision to find that plaintiff's impairments did not equal a listed impairment on the ground that the ALJ's characterization of plaintiff's treatment was inaccurate.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff does not have an impairment or combination of impairments that meets or medically equals the severity required. Defendant alleged that plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms but that plaintiff's statements about the intensity, persistence and limiting effects of these symptoms were not entirely credible. Additionally, defendant alleged that plaintiff's statements were not entirely consistent with plaintiff's medical records, course of medical treatment, use of medications, work history, and daily activities.

Result

The court found that plaintiff's arguments were without merit and the decision of the Commissioner of Social Security was affirmed.


#131650

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

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