James Michael Hoefer v. Nancy A. Berryhill
Published: May 3, 2019 | Result Date: Mar. 19, 2019 |Case number: 1:17-cv-01695-BAM Bench Decision – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Melissa Newel
(Newel Law)
Defendant
Margaret I. Branick-Abilla
(Social Security Administration)
Jeffrey J. Lodge
(Office of the U.S. Attorney)
Facts
Plaintiff James Hoefer sought judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he became disabled due to back and joint pain, anxiety and depression. Plaintiff alleged that he experienced his greatest amount of pain in his lower back and hips and rated his pain level at a ten out of ten. Plaintiff contended that his physical impairments were severe and he was restricted in regards to his physical mobility.
DEFENDANT'S CONTENTIONS: Defendant contended that the severity of plaintiff's impairments did not meet or equal any of the listed severe impairments. Defendant alleged that plaintiff retained the residual functional capacity to lift and carry 20 pounds occasionally and 10 pounds frequently, and had no limitations on balancing. Additionally, defendant alleged that there were jobs existing in the economy that plaintiff could perform, even with his physical impairments.
Result
The court found that the ALJ's decision was supported by substantial evidence in the record as a whole and was based on proper legal standards, and denied plaintiffs appeal.
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